Intellectual Property and the Judiciary
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Intellectual Property and the Judiciary

Edited by Christophe Geiger, Craig A. Nard and Xavier Seuba

Intellectual Property and the Judiciary explores the role of the judiciary in the elaboration and interpretation of intellectual property law, exploring how IP doctrine and policy are developed and the manner in which judges construct and apply norms in different court systems. The authors engage in a comparative exploration of various national, European and international judiciaries and appraise the competing and complementary roles of governing bodies. The book offers an examination of both common law and civil law traditions in the context of judicial treatment of intellectual property.
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Chapter 10: The procedural rules in appeal proceedings before the European Patent Office

Cees Mulder and Marcus Müller

Abstract

Appeal proceedings before the boards of appeal form the last step in the grant and opposition proceedings before the European Patent Office. If a European patent application is refused by an examining division or if the outcome of opposition proceedings is not to the liking of one of the parties, they can lodge an appeal. The main function of appeal proceedings is to give a judicial review of the first instance decision taken by the examining or opposition division. In this chapter the case law of the boards of appeal of the European Patent Office on procedural aspects of appeal proceedings is discussed.

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