Masterclass: EPO Oral Proceedings
Heidelberg Pre-Christmas Course 2019
- Oral proceedings: difficult, but can be mastered!
- Scope of the opposition procedure, especially with multiple opponents
- What may happen if you do not attend? When is an authorisation necessary? What is the status of accompanying persons?
- Late filings and their consequences
- Opposition Divisions and Boards of Appeal: differences in procedure
- The present and proposed new appeal rules
- Be prepared with a mock trial and get practical tips
This distinguishes our event
Aims and objectivesOur experts will show you all the different aspects which have to be taken into account when being summoned to Oral Proceedings. It will go from the preparation through to the actual presentation at the Oral Proceedings itself, without neglecting important procedural aspects which can play a determining role. Participants will be shown techniques and rules for successful participation at Oral Proceedings before the EPO. They will be given the legal, technical and practical information essential for being successful not only before Examining/Opposition Divisions, but also before Boards of Appeal. Part of the course will deal with specific aspects to be taken into account when appearing before a Board of Appeal. Procedural aspects become even more important. The programme includes real life situations and a full-day mock trial in which participants can test their skills.
Day 1: 10:00-18:00
Day 2: 09:00-17:00
- Key questions relating to oral proceedings
- Article 116 EPC - central provision governing oral proceedings in order to preserve the right to be heard (Article 113 EPC)
- Requests for oral proceedings; requests for adjournment of oral proceedings
- Public: Which oral hearings are public/non-public?
- Oral proceedings in the form of video-conferences in ex-parte procedures at first instance
- Costs and their apportionment
- Preparation of oral proceedings
- Summons to oral proceedings and annex to the summons - importance of the annex
- Is it possible to avoid oral proceedings in examination proceedings?
- Procedural pitfalls to avoid
- Absence of a party, the consequences
- Opening of oral proceedings
- Authorisations: when are they needed
- Accompanying persons: their legal and procedural status
- The oral proceedings as such: order of the discussion of the various topics
- Late submissions/filings: requests, documents/grounds or arguments
- In examination proceedings, especially with regard to Rule 137
- In opposition proceedings:
- The legal and factual framework of the opposition procedure
- Special case of multiple opponents
- When is a late filing legitimate?
- Final stage in oral proceedings before Examining and Opposition Divisions
- Examination by the European Patent Office of its own motion: limits
- Miscellaneous: recordings, computer presentations
- Dos and don’ts in oral proceedings
- Specific requirements of the Boards
- Preparation for the oral proceedings
- How to deal with the Boards
- Auxiliary requests
- The Rules of Procedure of the Boards - and how they may change soon
- Late-filed documents, requests and arguments
- Postponement of oral proceedings
- Case law: how important is it?
- Petitions for Review
- Participants will work through some real-life situations and scenarios
- Interactive, role play
- With specially prepared cases
- Under the guidance of the speakers
- Focus: accompanying persons, late filings
- Training confident behaviour before the Boards
- Practical tips on presentation
Daniel X. Thomas, active in IP since 1971, headed a series of directorates at the EPO in various fields of technique, like electronics, medical physics and mechanics. Having chaired several hundreds of opposition proceedings, Daniel X. Thomas is very experienced in oral proceedings.
Dr.-Ing. Hans-Peter Felgenhauer was a Technical Member of the Boards of Appeal in the technical field of mechanical engineering from 2001 to 2014. Prior to that he was an examiner at the EPO. Before Hans-Peter joined the EPO, he worked as a patent attorney in private practice and as in-house counsel in Germany and the US. He is now a European Patent Attorney with Meissner Bolte and conducts i.a. mock trials. Hans-Peter has a technical background in mechanical engineering.
Phone: +49 6221 917-0
Fax: +49 6221 21007
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.
We will send you training materials prior to the course. Thus, you can prepare the case studies and the mock trial and get the most out of the course.
The Heidelberg Pre-Christmas Courses are a special highlight. They provide participants with an atmosphere that is just as extraordinary as it is relaxed. You will be able to focus completely on the course, then relax in the evening, enjoying the city’s unique pre-Christmas flair. A tour of one of Heidelberg’s famous Christmas markets and a joint dinner with attendees and speakers in one of the city’s traditional restaurants is an integral part of the Heidelberg Pre-Christmas Courses.
If you would like to be even better prepared for a specific oral proceedings, then our speakers will coach you individually at your premises for upcoming oral proceedings. Experience shows that a kind of 'rehearsal' of coming oral proceedings can reveal some aspects, which might be to your advantage or not. Better discover those before the day than during oral proceedings. Just call + 49 6221 500 675 or email to firstname.lastname@example.org for further details.
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