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Marcus O. Müller and Cees A.M. Mulder

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Marcus O. Müller and Cees A.M. Mulder

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Marcus O. Müller and Cees A.M. Mulder

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Marcus O. Müller and Cees A.M. Mulder

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Marcus O. Müller and Cees A.M. Mulder

This chapter combines detailed information about the legal framework relevant to appeal proceedings with practical advice on how to act in these proceedings. The core of this chapter deals with the issue of late filings, including late-filed grounds, claim requests, facts, evidence and arguments. The relevance of the Rules of Procedure of the Boards of Appeal is discussed, including their impact on first instance proceedings. Further issues in this chapter are the admissibility of the appeal, the prohibition of reformatio in peius, petition for review, the reimbursement of the appeal fee, apportionment of costs and intervention. While the chapter focusses on opposition (inter partes) appeal proceedings, it also provides information about special aspects to be taken into account when being in examination (ex parte) appeal proceedings. To exemplify the practical aspects, this chapter contains a variety of ‘practical advice’ and ‘case law examples’.
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Marcus O. Müller and Cees A.M. Mulder

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Marcus O. Müller and Cees A.M. Mulder

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Marcus O. Müller and Cees A.M. Mulder

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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Marcus O. Müller and Cees A.M. Mulder

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Marcus O. Müller and Cees A.M. Mulder