Masterclass: EPO Opposition & Appeal
Best Practices on the Proceedings on 1.5 Days
- Opposition Proceedings: preparing and filing notice of opposition, substantive examination, burden of proof
- Appeal Proceedings: revision of the Rules of Procedure, admissibility, substantive examination, reformatio in peius
- Oral proceedings, taking of evidence, amendments of the patent
- Petition for review according to Art. 112a EPC - recent decisions
Aims and objectivesThis masterclass will provide you with an intensive and practical overview of all relevant legal and practical issues concerning opposition and appeal proceedings before the EPO. The speakers will explain all important aspects of these proceedings, starting with the preparation of the opposition, covering the drafting of the notice of opposition, and concluding with the procedure before the opposition division of the EPO, as well as potential subsequent appeal proceedings. In addition to the legal, formal and substantive requirements and particularities of contentious proceedings, the speakers will discuss useful tactical and strategic aspects. A special focus will be on the impact of the new RPBA.
2nd day: 09:00-17:00
- Structuring the opposition: identity of the opponent, state of the art, public prior use, internet publications, oral presentations
- Extent of opposition, grounds for opposition and their substantiation
- Drafting and filing the notice of opposition
- Examining the admissibility of the opposition by the opposition division
- Preparing and conducting the substantive examination
- Early certainty in opposition proceedings, acceleration and stay of proceedings
- Being bound to the extent of the opposition/ Examination of the grounds for opposition
- Evaluation of evidence, burden of proof/ Amendments of granted patent claims
- Conducting oral proceedings/ Absence of a party to the proceedings
- Taking of evidence/ Evaluation of late-filed grounds and evidence
- Nature of appeal proceedings
- Notice of appeal and statement of grounds of appeal
- Reply of the other party or parties
- Revision of the Rules of Procedure of the Boards of Appeal (RPBA)
- Written procedure/ Oral proceedings/ Late submission of arguments and requests
- Final decision of the Board of Appeal - ratio decidendi
- Reformatio in peius
- Reimbursement of the appeal fee
- Possible results of oppositon and appeal proceedings
- Special cases: withdrawal of opposition/ appeal, request for revocation by patentee, etc.
- Apportionment of costs and fixing of costs
Mrs. Karamanli started her career as a lawyer at the EPO in Munich in 1989. Since 1 March 2006 she has been a Legal Member of the Boards of Appeal. She has previously served as a member of the Disciplinary Board of the EPO as well as the Examination Committee for the European qualifying examination. Additionally, she can look back on more than 10 years expertise as a legal member in various opposition divisions.
Dr. Wichmann is a German and European patent attorney with more than 20 years expertise in the field of IP law. He is a partner at Wuesthoff & Wuesthoff in Munich and is president of the committee for biotechnology at the German chamber of patent attorneys. He has intensively dealt with the topics of this seminar, together with further aspects of European patent law, in numerous presentations and publications.
NL 1012 Amsterdam
Phone: +31 20 556 4564
This masterclass is restricted to 20 attendees. This limitation will give participants the opportunity for a thorough discussion of the complex issues to be covered by the programme.
"It is a very good, a great course! It has met my expectations. What I liked most about the event: the content and the opportunity for discussion."
Appleyard Lees, Halifax (United Kingdom)
"The course has met my expectations. What I liked most about this course: proximity and knowledge of the speakers."
Garrigues IP, Madrid (Spain)
"The course has met my expectations. What I liked most about this event: going through all aspects, slowly."
Berggren Oy, Riihimäki (Finland)
"This course provided excellent expert insight and information that can be directly applied in practice."
"Well condensed information, high quality speakers."
"Very useful. Nice with so many "do?s and don?ts not easily found in the literature."
"Highly recommendable. Very professional, recognizable and compressed course."
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