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The appeal fee is reimbursed in full "if the appeal is withdrawn before the filing of the statement of grounds of appeal and before the period for filing that statement has expired." [75] Besides, the appeal fee is partially reimbursed, at a rate of 75%, 50%, or 25%, if the appeal is withdrawn at certain stages of the appeal proceedings. [76]
[1] [37] This means that the limitation or revocation has effect as from the filing date of the patent application which led to the patent, rather than from the date of the decision on the limitation or revocation. Decisions of the Examining Divisions in limitation and revocation proceedings are open to appeal. [38]
The appeal was dismissed as there were existing provisions to deal with an improperly granted patent where more directly interested persons were able to apply for the revocation of the patent in question. The Court of Appeal held that the decision of the Law Officer was the final authority.
The specific rules of the legal system will dictate exactly how the appeal is officially begun. For example, the appellant might have to file the notice of appeal with the appellate court, or with the court from which the appeal is taken, or both. Some courts have samples of a notice of appeal on the court's own web site.
Rule 76(2)(c) EPC, [15] i.e. the notice of opposition must contain a statement of the extent to which the European patent is opposed and of the grounds on which the opposition is based, as well as an indication of the facts and evidence presented in support of these grounds.
Administrative revocation or invalidation: Procedures allowing for the annulment of a patent outside the standard opposition period, typically involving administrative bodies or courts with the authority to revoke patents based on certain grounds. [12] Judicial proceedings: Generally, patents can also be challenged in a court.
When a party submits a petition for review, the petitioner "must either identify in [the administrative] record evidence sufficient to support its standing to seek review or, if there is none because standing was not an issue before the agency, submit additional evidence to the court of appeals". [16]
This is a list of decisions and opinions of the Enlarged Board of Appeal of the European Patent Office (EPO) in chronological order of their date of issuance. The list includes decisions under Article 112(1)(a) EPC (following a referral from a Board of Appeal), opinions under Article 112(1)(b) EPC (following a referral from the President of the EPO), "to ensure uniform application of the law ...
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