The European Union continues towards a ‘community patent’ (after thirty years) and a common patent litigation agreement – or a single patent legal system for all 31 countries. In the United States, considerable disorder in the patent system was eliminated once all patent matters became under the jurisdiction of the single court: Court of Apeals, Federal Circuit – it set off a firestorm of patent activity as patent verdicts became considerably more reliable and consistent. Investors knew they were getting something for their investment money. ‘Venture’ or ‘Risk Capital’ thrived and led to a fantastic start-up industry. ---

A European patent opposition may be brought by a ‘straw man’ or nominal person. A ‘straw man’ opponent is useful in the case where the opponent wishes to conceal his identity. ---

Patent oppositions are filed in about 6% - 10% of all European patent grants – in contrast, in the US less than .3% of patents are subject to reexamination. In Europe, about half of the oppositions lead to revocation or at least modification of the claims by amendment to narrow them. ---

Opposition to patents granted by the European Patent Office may be brought up to 9 months from ‘mention of grant’ is published. Opposition is only filed on the following grounds:
1) Subject matter is not patentable under article 52 to 57;
2) The patent does not disclose the invention in a manner sufficiently clear; and/or
3) The subject matter of the patent extends beyond the content of the application. ---

Either party to a European opposition may file an appeal upon receipt of an unfavorable result. That is, an opponent may appeal in the case where a patent under opposition proceedings is affirmed and validated. ---

Opposition to a European patent is centralized – that is, it is handled by the European Patent Office and has effect on all countries for which the patent was designated. ---

A European patent remains in force during an opposition proceeding. As an opposition can be a lengthy process, likely to be more than 2 years, and may take more than 7 or 8 years, opposition maybe an exercise in frustration. ---

A US patent may be subject to reexamination request for all times in which the patent remains in force. In Europe, an ‘opposition’ may only be brought within the first 9 months after the patent issues. ---