UPC denies stay of proceedings in cases with co-pending EPO opposition

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

UPC denies stay of proceedings in cases with co-pending EPO opposition

Sponsored by

inspicos-400px recrop.jpg
clock-2777504.jpg

Jakob Pade Frederiksen of Inspicos says a Unified Patent Court decision not to stay a revocation action while a parallel EPO opposition proceeding takes place provides another indication of the court’s fast pace

When the Unified Patent Court (UPC) started operating on June 1 2023, future users of the court and patent practitioners awaited with interest how the court would apply rules 295(a) and 298 of the UPC’s Rules of Procedure (RoP). The rules lay down that the court may stay proceedings relating to a patent that is also the subject of opposition proceedings before the EPO where a decision in such proceedings may be expected to be given rapidly.

The Court of Appeal of the UPC has now provided a first indication of its future practice in this respect. In case CoA_22/2024, the Court of Appeal confirmed a decision of the Court of First Instance not to stay a revocation action pending the outcome of parallel EPO opposition proceedings concerning the same patent.

In its ruling, the Court of Appeal held that the existence of parallel EPO opposition proceedings is not a sufficient reason to stay revocation proceedings before the UPC. The fact that the EPO proceedings were conducted at an accelerated pace was taken into account but not considered sufficient for the grant of stay.

The Court of First Instance subsequently decided on the merits of the case on July 29 2024 (case CFI_263/2023). Oral proceedings before the Opposition Division of the EPO (first instance) are scheduled for October 24 2024. The UPC revocation action and the EPO notice of opposition were filed on the same day, June 28 2023.

The case underlines that UPC proceedings run at a fast pace, and the UPC has sent a clear signal that parties should not expect a stay of proceedings on the mere ground that EPO opposition proceedings are in existence, even if such opposition proceedings are accelerated.

more from across site and SHARED ros bottom lb

More from across our site

Former professional cricketer Ben Scott talks through the challenges of building a legal tech platform, transitioning from sportsman to entrepreneur and why he believes he has found a gap in the market
The benefits of offering a range of services, innovative enforcement approaches, and gradual AI adoption are all helping SyCip Salazar Hernandez & Gatmaitan develop its IP offering
Nick Redfearn, head of enforcement at Rouse and a classic car enthusiast, explains the sudden viral appearance of classic car restomod parts from China and the impact of IP in this new trade
Our 2026 rankings for Western Europe, taken with historical data, reveal that some European IP markets hardly change – while others are more fluid
Selina Hinchliffe, head of commercial services at Shakespeare Martineau, reflects on rejecting Cambridge, leading through empathy, and why authenticity matters more than fitting in
US corporates are using the UPC, but much of that work still flows to European boutiques. Last week’s merger, as well as others, could alter that dynamic
Publicly listed Australian group IPH delivered on its promise to profoundly shake up the Canadian market. Four years on, rivals have had time to adapt
IP practitioners debate whether new guidelines will make it more difficult to challenge a patent
Varuni Paranavitane says she is excited to bring ‘rounded expertise’ to the firm, which will have a solicitor in its ranks for the first time
Lawyers adapting to AI-driven recommendations are being pushed to demonstrate expertise publicly rather than simply relying on a polished website
Gift this article