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 4: Appeal stage – inter partes appeals

Marcus O. Müller and Cees A.M. Mulder

Abstract

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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