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Proceedings Before the European Patent Office

A Practical Guide to Success in Opposition and Appeal, Second Edition Marcus O. Müller, Boards of Appeal of the European Patent Office, Munich/Haar, Germany and Cees A.M. Mulder, European Patent Attorney and Professor of European Patent Law in a Global Context, Maastricht University, the Netherlands
The second edition of this acclaimed and widely-used book has been thoroughly updated in light of, among others, the revised Rules of Procedure, which entered into force in January 2020. It provides the first detailed understanding of these new rules and their influence on opposition and appeal proceedings. Dealing with all stages of proceedings before the European Patent Office, this book provides fresh insight into how best to act at each stage to successfully complete a case in opposition and appeal, detailing how opposition divisions and boards of appeal approach the cases before them.
Extent: c 208 pp
Hardback Price: $150.00 Web: $135.00
Publication Date: January 2020
ISBN: 978 1 78811 531 5
Availability: Not yet published
Paperback Price: $99.95 Web: $79.96
Publication Date: January 2020
ISBN: 978 1 78811 533 9
Availability: Not yet published
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  • eISBN: 978 1 78811 532 2

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  • Law - Professional
  • European Law
  • Intellectual Property Law
The second edition of this acclaimed and widely-used book has been thoroughly updated in light of, among others, the revised Rules of Procedure, which entered into force in January 2020. It provides the first detailed understanding of these new rules and their influence on opposition and appeal proceedings.

This second edition gives valuable guidance on how to:

• draft and prosecute patent applications to avoid problems later on in opposition and appeal

• properly attack or defend a patent

• react if the patent is amended

• argue in case of late filings

• act in oral proceedings.

Dealing with all stages of proceedings before the EPO, this book provides fresh insight into how best to act at each stage to successfully complete a case in opposition and appeal, detailing how opposition divisions and boards of appeal approach the cases before them.

Experienced practitioners will find that the detailed case law citation adds depth to their knowledge. The ‘practical advice’ sections and ‘example cases’ provide patent lawyers and attorneys with invaluable guidance on specific procedural and substantive questions.
‘The book is an excellent read for anyone preparing for their first oppositions or appeals, as it gives a very good overview with practical tips as well as common pitfalls to avoid. For the more experienced ones, the big benefit of the book is the abundant references to case law. A section I particularly appreciated was the very clear and explicit explanation of hearing of witnesses. Another big bonus is of course the references to the 2020 Rules of Procedure of the Boards of Appeal.’
– Kaisa Suominen, Moosedog Oy, Finland

‘This excellent book brings together the theory and practice of opposition and appeal at the European Patent Office. The expert authors explain the legal framework in an accessible manner and provide numerous tips which are based on many years of experience. This book helps you to make the right choices already during drafting the patent application and in opposition so that you will be in the best possible starting position for your appeal under the 2020 Rules of Procedure.’
– Nyske Blokhuis, EP&C Patent Attorneys, the Netherlands/Belgium


Contents: Preface 1. Introduction 2. Drafting and prosecution stage 3. Opposition stage 4. Appeal stage – inter partes appeals 5. Appeal stage – ex parte appeals 6. Further issues 7. Conclusion Index