Overview of the Appeal Proceedings according to the EPC

Overview of the Appeal Proceedings According to the EPC

Third Edition

Hugo Meinders, Philipp Lanz & Gérard Weiss

About this book:

Overview of the Appeal Proceedings According to the EPC helps in understanding the nature of the appeal proceedings before the Boards of Appeal. The previous editions of this book made an effort to explain in brief introductory terms how appeal proceedings work and how the Boards of Appeal function. This edition deals with the New Rules of Procedure adopted by the BoAC2 and approved by the Administrative Council which entered into force on 1 January 2020. About one in a hundred European patent cases end up before a Board of Appeal. The appeal reviews the decision of a first instance department of the European Patent Office. The appeal proceedings are substantially different from the first instance proceedings; they are a judicial review and not necessarily a continuation of the administrative first instance proceedings. This first aspect is even more pronounced since 1 January 2020, with the changes in the Rules of Procedure of the Boards of Appeal.

What’s in this book:

This book provides an easily readable overview of the appeal proceedings in the three official languages of the European Patent Office (EPO): English, German and French, including the (New) Rules of Procedure of the Boards of Appeal and the Enlarged Board of Appeal. It covers amongst others the following:

• (new) requirements on filing an appeal;
• the possible actions of the Board;
• the stricter treatment of late filings of the parties; and
• the conduct of oral proceedings and the issue of the decision.

This book gives an up-to-date account of the most important issues of the appeal proceedings at the Boards of Appeal of the EPO.

How this will help you:

This book is intended as a reference book for applicants in ex-parte (examination appeal) proceedings, or patent proprietors or opponents in inter-partes (opposition appeal) proceedings, as appellants or respondents, or party as of right. It facilitates in finding an answer to issues that a party may encounter.

Editors:

Hugo Meinders, Philipp Lanz & Gérard Weiss