Yet More Grants!
The number of patents granted by the EPO in 2016 was much higher than in any previous year and a high level of grants was maintained in the first half of 2017.
EPO grants are preceded by notices of allowance which, generally speaking, are issued about six months before grant takes place.
Based on the number of allowances in the first half of 2017, it seems likely that the level of grants will be even higher in the second half of 2017, with around 60,000 grants likely.
This means that the total number of grants in 2017 will probably exceed 100,000.
More Grants = More Patents Opposed?
Given the EPO opposition term of nine months from grant and given that by far the greater proportion of oppositions are filed towards the very end of the opposition term, increased grants could be expected to be followed nine months – three quarters of a year – later by an increase in the number of patents opposed.
Though the record of the number of patents opposed in the third quarter of 2017 is not yet finalized, it seems clear that this expected "more patents opposed" effect has occurred.
At the latest from the first quarter of 2017 there has been a marked increase in the number of patents opposed.
It is clear that increased numbers of patent grants have been followed by increased numbers of patents opposed, but it is not yet clear whether the proportion of patents opposed is changing.
Based on averages of numbers of patents granted and opposed (see the charts below) preliminary indications are that the proportion of granted patents which are opposed may have fallen from 4.25% to 4.00%.
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