Proceedings Before the European Patent Office
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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.
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Chapter 2: Drafting and prosecution stage

Marcus O. Müller and Cees A.M. Mulder

Abstract

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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