as high as €2 million with €10 million at stake"). An opposition case is reported to take on average three years to be handled by the EPO. Parallel national proceedings The "possibility of parallel validity proceedings in national courts and in the EPO is inherent in the legal arrangements in the EPC under which the EPO was established". If a third party files an opposition to a European patent with the EPO and also, in parallel, initiates a revocation action (also called "nullity action" or "validity proceedings") against the same patent before a national court, the national court (at least in England) may exercise its discretion to either stay the national proceedings, in order to wait the outcome of the EPO opposition proceedings, or allow the revocation proceedings to go ahead, without waiting the outcome of the EPO proceedings. The rules and practice differ from country to country in that respect. "For example, as of 2008, Belgium and France will stay the main proceeding until a final decision has been reached by the EPO whereas in Germany, Italy, the Netherlands and in the United Kingdom such a stay is not automatic and in most cases the courts will continue the proceedings notwithstanding the opposition. ... However, in Germany national nullity proceedings cannot be started before the Federal Patent Court until the EPO opposition proceedings have been concluded or the opposition period has expired." Composition of an Opposition Division According to , "[a]n Opposition Division shall consist of three technically qualified examiners, at least two of whom shall not have taken part in the proceedings for grant of the patent to which the opposition relates. An examiner who has taken part in the proceedings for the grant of the European patent may not be the Chairman." Violations of Article 19(2) EPC are considered to be substantial procedural violations. If an Opposition Division considers it necessary in a particular case, the Opposition Division may be enlarged by the addition of a legally qualified examiner (who cannot "have taken part in the proceedings for grant of the patent"). The same principles should constrain the composition of a Board of Appeal in opposition appeal proceedings vs. its composition in examination appeal proceedings in relation respectively to a European patent and the European patent application that gave rise to that patent. See also Inter partes review (U.S. patent law) Reexamination (U.S. patent law) Notes References