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EPO headquarters in Munich, Germany, where the Boards of Appeal were based until 2017.. Decisions of the first instance departments of the European Patent Office (EPO) can be appealed, i.e. challenged, before the Boards of Appeal of the EPO, in a judicial procedure (proper to an administrative court), as opposed to an administrative procedure. [1]
Until a decision of the Enlarged Board of Appeal of the EPO of 1994, namely G 9/93 (reverting earlier decision of the same instance of 1985, namely G 1/84), it was possible for the proprietor of a European patent to oppose its own patent with the aim of centrally limiting it. Decision G 9/93 however deprived patent proprietors of this ...
Legal Research Service for the Boards of Appeal, European Patent Office, Case Law of the Boards of Appeal of the EPO (10th edition, July 2022), iv. c : "Opposition procedure" Special edition 1/2010, Ancillary Regulations to the European Patent Convention (PDF, 1.9 MB), section d.4: "Opposition" (pp. 73–74).
Rule 137 EPC: "Amendment of the European patent application" Rule 80 EPC: "Amendment of the European patent" Guidelines for Examination in the EPO, section h : "Amendments and Corrections" Legal Research Service for the Boards of Appeal, European Patent Office, Case Law of the Boards of Appeal of the EPO (10th edition, July 2022), ii. e ...
The book is also known as the "White Book", [2] and it was reported to be in 2012 the best-selling publication of the EPO. [3] The White Book is published every three to four years. In the meantime, a special edition of the EPO Official Journal is issued each year summarizing the most recent case law of the boards of appeal. [4]
For such an appeal to be successful, the applicant must prove that the patent office was incorrect in applying the law, interpreting the claims on the patent application, or interpreting and applying of the prior art vis-à-vis the patent application. If the appeal is successful, the patent office or court may order that a patent be issued ...
G 2/19 is a decision issued by the Enlarged Board of Appeal of the European Patent Office (EPO) on 16 July 2019, which deals with three legal questions, the third relating to whether oral proceedings before the EPO Boards of Appeal may be held in Haar in the Munich district (German: Landkreis München) rather than in Munich per se, when a party objects to the oral proceedings being held in Haar.
The European Patent Convention (EPC), the multilateral treaty providing the legal system according to which European patents are granted, contains provisions regarding whether a natural or juristic person (i.e., a party to the proceedings) needs to be represented in proceedings before the European Patent Office (EPO).