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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]
The Patent Trial and Appeal Board (PTAB) is an administrative law body of the United States Patent and Trademark Office (USPTO) which decides issues of patentability. It was formed on September 16, 2012, as one part of the America Invents Act .
This is a list of notable patent law cases in the United States in chronological order. The cases have been decided notably by the United States Supreme Court, the United States Court of Appeals for the Federal Circuit (CAFC) or the Board of Patent Appeals and Interferences (BPAI). While the Federal Circuit (CAFC) sits below the Supreme Court ...
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).
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 ...
Patent applicants who are unhappy with the final decision of the USPTO's Patent Trial and Appeal Board have two options to appeal: they can appeal to the Federal Circuit (which conducts a limited review of the Patent Trial and Appeal Board's decision) or sue the USPTO Director in the Eastern District of Virginia (which can consider new evidence ...
An opposition proceeding is an administrative process available under the patent and trademark law of many jurisdictions which allows third parties to formally challenge the validity of a pending patent application ("pre-grant opposition"), of a granted patent ("post-grant opposition"), or of a trademark.
In decision G 1/09, the Enlarged Board of Appeal held that "In the case where no appeal is filed, a European patent application which has been refused by a decision of the Examining Division is thereafter still pending within the meaning of Rule 25 EPC 1973 (Rule 36(1) EPC) until the expiry of the time limit for filing a notice of appeal." [26]