The article discusses the interaction between European Patent Office (EPO) oppositions and Unified Patent Court (UPC) revocation actions, highlighting the potential for simultaneous legal proceedings against the same patent. With the UPC's ability to administer revocation without a deadline, questions around procedural delays, stays, and the possible outcomes arise. EPO oppositions face a strict nine-month timeline for filing, contrasting the UPC's more flexible approach. Recent case law sheds light on how these legal frameworks coexist and deal with overlapping disputes, particularly how the UPC prioritizes its mandates to adjudicate independently.
UPC judges have respected EPO proceedings but have shown independence in deciding validity based on their records.
The interplay between EPO oppositions and UPC revocation actions raises issues of stays and inconsistent outcomes.
The UPC has set a high standard for what constitutes 'rapid' in relation to EPO proceedings affecting its own.
Concurrent UPC and EPO decisions on the same patent are seen as potentially reconciliatory by the UPC.
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