A Practical Guide to Success in Opposition and Appeal
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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