Tuesday 10 May

UPC Series: EPO Oppositions and UPC Revocation Actions – A Two Track Attack

When and where

Date and time

Start: Tuesday 10 May 2022, 12:30 PM

End: Tuesday 10 May 2022, 01:30 PM

Event Overview

The UPC is coming, and with it arrive new risks for European patent holders and new tools for third parties.

One of the clear drivers for patentees to opt out of the UPC system, or not select Unitary Patents, is the risk of UPC central revocation actions. Equally, this represents an additional opportunity for third parties to achieve freedom to operate in much of Europe.

The EPO post grant patent opposition system has been in force for decades. While tried and tested, it is ultimately limited by a nine-month filing window from grant. UPC revocations actions, while not covering up to as many European countries, can be filed at any time during the lifetime of a European patent.

This webinar will give an overview of both EPO oppositions and UPC revocation actions, as well as compare and contrast the two procedures. Also, since both EPO oppositions and UPC revocation actions can be filed against the same European patent, it won’t always be a question of one or the other.

We are joined by a speaker from the EPO who will give an overview of the opposition procedure. Leythem Wall will run through UPC revocation actions and provide a side-by-side comparison with the EPO system.




Leythem Wall, Oxon IP

Leythem Wall, Oxon IP

Leythem Wall is a European and UK patent attorney and litigator specialising in EPO Oppositions and Appeals. Prior to founding Oxon IP, he was a Partner in major European and U.S. IP law firms, and before then in-house patent counsel for ExxonMobil and AkzoNobel.

Leythem is a member of the CIPA Litigation and International Liaison Committees, the EQE Committee (Opposition Paper C), and is President of the European Patent Litigators Association (EPLIT) which promotes European patent attorney representation before the UPC.

He holds the postgraduate certificate in IP Litigation and Advocacy from Nottingham Law School, and the Diploma in Patent Litigation in Europe from CEIPI, University of Strasbourg.

Juan Miguel Birlanga, EPO

Juan Miguel Birlanga, EPO

Juan is an examiner in directorate Medical Technologies, EPO The Hague. He is a mechanical industrial engineer and before joining the EPO he worked for an engineering consultancy in Spain.

In 2003 he joined the EPO in The Hague as examiner in search and examination in the field of hospital equipment and medical containers. He has been involved in oppositions for the past ten years, acting as first examiner and chairman mainly in the very active field of medical devices.

In 2010 he passed the EQE and holds a master’s degree in Technology and Innovation Management. Juan is also involved in activities for external training provided by the EPO Academy.

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