Successful European oppositions: Analysis for the patent information professional

Abstract

European patents can be opposed within nine months after grant. The success rate of oppositions seems to be dependent on the technical area. A complete revocation of a granted patent may become the result of a successful opposition. The main reasons for revocation are lack of inventive step (43%), lack of novelty (22%) or added subject matter (11%). From the patent information perspective, an opposition search against a European Patent needs, therefore, be focused primarily on inventive step, and also novelty.