When challenging European patents, timing can be as consequential as the legal arguments themselves. The choice between UPC revocation and EPO opposition proceedings carries significant implications for the pace and shape of any pan-European challenge strategy.

The UPC offers the fastest route to a first instance decision — typically 14 to 17 months from filing — with actions available immediately upon patent grant. This speed comes at a cost, however, requiring substantial advance preparation: legal teams, expert witnesses, and evidence must all be in place well before grant, placing considerable demands on patent monitoring processes.

EPO opposition is more cost-effective and broader in jurisdictional reach, but slower. While proceedings typically conclude within 19 to 20 months of filing, the mandatory nine-month post-grant window before opposition can be initiated means the total period from grant to first instance decision extends to approximately 28 months. Notably, the EPO has introduced accelerated opposition procedures where parallel UPC or national litigation exists, which can bring EPO timelines into closer alignment with those of the UPC.

The decision between forums — or whether to pursue both simultaneously — should be guided by timeline requirements, budget, and the broader litigation strategy. Pursuing parallel proceedings warrants particular consideration, given that UPC panels frequently look to EPO decisions for guidance.