Appeal procedure before the European Patent Office information
Overview about the appeal procedure before the European Patent Office
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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The grant procedurebeforetheEuropeanPatentOffice (EPO) is an ex parte, administrative procedure, which includes the filing of a Europeanpatent application...
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the patent proprietor only. The EPC provides a legal framework for the granting of Europeanpatents, via a single, harmonised procedurebeforethe European...
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juristic person (i.e., a party to the proceedings) needs to be represented in proceedings beforetheEuropeanPatentOffice (EPO). There is no general obligation...
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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Service for the Boards of Appeal, EuropeanPatentOffice, 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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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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During the grant procedurebeforetheEuropeanPatentOffice (EPO), divisional applications can be filed under Article 76 EPC out of pending earlier European...
arguments beforetheappeals judges. At such hearings, only the parties' lawyers speak to the court. The rules that govern theprocedure in the courts of...
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court of the European Union in matters of European Union law. As a part of the Court of Justice of theEuropean Union, it is tasked with interpreting EU...