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Appeal procedure before the European Patent Office information


The European Patent Convention (EPC), the multilateral treaty instituting the legal system according to which European patents are granted, contains provisions allowing a party to appeal a decision issued by a first instance department of the European Patent Office (EPO). For instance, a decision of an Examining Division refusing to grant a European patent application may be appealed by the applicant. The appeal procedure before the European Patent Office is under the responsibility of its Boards of Appeal, which are institutionally independent within the EPO.

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Appeal procedure before the European Patent Office

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to grant a European patent application may be appealed by the applicant. The appeal procedure before the European Patent Office is under the responsibility...

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Opposition procedure before the European Patent Office

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The opposition procedure before the European Patent Office (EPO) is a post-grant, contentious, inter partes, administrative procedure intended to allow...

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Grant procedure before the European Patent Office

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The grant procedure before the European Patent Office (EPO) is an ex parte, administrative procedure, which includes the filing of a European patent application...

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European Patent Office

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to grant a patent for an invention. The patents granted by the European Patent Office are called European patents. The European Patent Office (EPO) grants...

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Patent Trial and Appeal Board

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appointed position. Appeal procedure before the European Patent Office Trademark Trial and Appeal Board (TTAB) "Appeals (Patent Trial and Appeal Board)". United...

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Board of Patent Appeals and Interferences

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Commerce. Appeal procedure before the European Patent Office Ex parte Gutta (2009) Trademark Trial and Appeal Board (TTAB) Board of Patent Appeals and Interferences...

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European Patent Convention

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the patent proprietor only. The EPC provides a legal framework for the granting of European patents, via a single, harmonised procedure before the European...

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Limitation and revocation procedures before the European Patent Office

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In European patent law, the limitation and revocation procedures before the European Patent Office (EPO) are post-grant, ex parte, administrative procedures...

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Outline of patents

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European Patent OfficeAppeal procedure before the European Patent Office – Case Law of the Boards of Appeal of the European Patent Office – List of...

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Unitary patent

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The European patent with unitary effect, also known as the unitary patent, is a European patent which benefits from unitary effect in the participating...

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Divisional patent application

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Office rules are again in line with the current practice before the patent offices in the U.S., Germany, and Japan. Before the European Patent Office...

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Glossary of patent law terms

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patent office responsible for granting European patents covering the Contracting States to the European Patent Convention (EPC). Under PCT procedures...

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European patent law

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European patent law covers a range of legislations including national patent laws, the Strasbourg Convention of 1963, the European Patent Convention of...

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Unified Patent Court

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countries where the UPCA was in force upon grant of the European patent. Appeal against decisions of the European Patent Office (EPO) regarding the grant of...

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Representation before the European Patent Office

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juristic person (i.e., a party to the proceedings) needs to be represented in proceedings before the European Patent Office (EPO). There is no general obligation...

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United States patent law

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patent validity (or examiners' refusals to grant patents) can be challenged at Patent Trial and Appeal Board (PTAB). The US Court of Appeals for the Federal...

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Patent application

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national patent office, but may be a regional body, such as the European Patent Office. Once the patent specification complies with the laws of the office concerned...

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Prior art

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Service for the Boards of Appeal, European Patent Office, Case Law of the Boards of Appeal of the EPO (9th edition, July 2019), i.c.2 : "State of the art"...

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Software patents under the European Patent Convention

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European Patent Office, Case Law of the Boards of Appeal of the EPO (9th edition, July 2019), i.a.2.4 : "Computer-implemented inventions" European Patent...

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United States Patent and Trademark Office

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was the former director of the USPTO until he left office on January 20, 2021. The USPTO cooperates with the European Patent Office (EPO) and the Japan...

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Patent attorney

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matters and procedures relating to patent law and practice, such as filing patent applications and oppositions to granted patents. The term "patent attorney"...

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European Patent Litigation Agreement

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of procedure and a common appeal court". It differed from the Unified Patent Court Agreement in that the EPLA negotiations were coordinated from the side...

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Patentability

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regional patent offices provide procedures for reconsidering whether or not a given patent is valid after grant. Under the European Patent Convention...

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Guidelines for Examination in the European Patent Office

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working at the European Patent Office (EPO) as well as for the parties interacting with the EPO, on the practice and procedure at the EPO in the various...

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Divisional applications under the European Patent Convention

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During the grant procedure before the European Patent Office (EPO), divisional applications can be filed under Article 76 EPC out of pending earlier European...

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Software patent

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T 0059/93 () of 20 April 1994, European Patent Office, Boards of Appeal, 20 April 1994 "The Gravity of the U.S. Patent Swindle". Wall Street Journal....

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United States courts of appeals

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arguments before the appeals judges. At such hearings, only the parties' lawyers speak to the court. The rules that govern the procedure in the courts of...

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Patent infringement

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Patent Information News (1/2016). European Patent Office: 12–13. 2016. Archived from the original (PDF) on 2019-05-24. Retrieved 2016-03-19. "Patent Monitoring:...

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European Court of Justice

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court of the European Union in matters of European Union law. As a part of the Court of Justice of the European Union, it is tasked with interpreting EU...

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