Successful European oppositions: Analysis for the patent information professional

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.

► European patent oppositions analysed by number opposed and by number revoked. ► Oppositions also analysed by technical area and by reasons for revocation. ► Conclusion 1: Oppositions in the pharmaceutical area are the most common. ► Conclusion 2: Inventive step, followed by novelty, are the main reasons for opposition.