Proceedings Before the European Patent Office

Proceedings Before the European Patent Office

A Practical Guide to Success in Opposition and Appeal

Marcus O. Müller and Cees A.M. Mulder

Experienced practitioners will find that the detailed case law citation adds depth to their knowledge. The practical advice and the illustrations from case law provide patent lawyers and patent attorneys with invaluable guidance on specific procedural and substantive questions, as well as on how to act properly in opposition and appeal proceedings. Proceedings Before the European Patent Office: A Practical Guide to Success in Opposition and Appeal is an indispensable tool in the armoury of all patent practitioners.

Chapter 3: Opposition stage

Marcus O. Müller and Cees A.M. Mulder

Subjects: law -professional, european law, intellectual property law

Abstract

This chapter provides detailed knowledge about the legal framework relevant to opposition proceedings and offers a lot of practical advice and example cases to illustrate how to act within this legal framework. After a short introduction, the chapter starts with the admissibility of opposition. It then discusses in detail which attacks are available to opponents when filing their opposition, including the way claims with ambiguous features may be attacked under Article 100(b) EPC. Subsequently, it deals with late filings and thereafter focusses on possible attacks against amendments of the patent. A central part of the chapter is about oral proceedings, where the reader is provided with detailed advice on how to act as a party in these proceedings.

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