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 7: Conclusion

Marcus O. Müller and Cees A.M. Mulder

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


Representing clients before the European Patent Office has aspects of playing a game of chess. Moves that you make at the beginning of the proceedings may have, sometimes, an irreparable impact on issues that become relevant at a later stage. For instance, as set out in Chapter 2, the way you draft a patent application determines the outcome of later proceedings since the application as filed is basically the only resource you can rely on later in view of, e.g., any prior art cited by the opponent. As in a chess game, if moves are not made in a prudent way, you may end up in a catch-22 situation, such as the Article 123(2)/123(3) EPC trap, where no matter what you do, the game is lost.

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