Learn about patents from the EPO (XVII)

European patent EP-X was granted in April 2023. Eight months later, a US company A filed an opposition to all claims of EP-X on the grounds of lack of novelty and inventiveness on some prior art documents. The opposition request was submitted and signed by an employee of Company A. The opposition notice includes the name of the patent owner, the patent number and the information of the objection requester, including a reasonable statement based on the prior art documents, and the opposition request fee is paid. Will the opposition request be accepted?

• a. Yes. It includes everything provided for in Articles 99 and 76 EPC.
• b. No. The opposition request must state the address of the patent owner.
• c. No. Although the opposition request contains all the elements required by the EPO, US companies are not allowed to file oppositions and must appoint a legal representative, a requirement for which there is no remedy.
• d. Acceptable, provided a legal representative is appointed.