A Practical Guide to Success in Opposition and Appeal
This chapter gives advice to applicants and patent attorneys about how patent applications should be drafted and prosecuted in order to avoid problems in opposition and appeal. Issues such as the adequate level of generality in the claims, the creation of appropriate fall-back positions in the description, the risk of using ambiguous terms and the relevance of a conscious choice between optional and essential features when drafting the application are among those discussed in this chapter. To exemplify the practical aspects, this chapter contains a variety of ‘practical advice’ and ‘case law examples’.
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