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 5: Appeal stage – ex parte appeals

Marcus O. Müller and Cees A.M. Mulder

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

Extract

The previous chapter addressed issues relevant to inter partes appeals, i.e. appeals against decisions of opposition divisions. This chapter will deal with ex parte appeals, in particular appeals against decisions of examining divisions (see Figure 5.1). To a large extent, the observations made above for inter partes appeals apply equally to these ex parte appeals. Therefore in the present chapter only those points that distinguish ex parte appeal from inter partes appeal proceedings will be mentioned.

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