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Overview of the Appeal Proceedings according to the EPC / Hugo Meinders, Philipp Lanz, Gérard Weiss.
2020
Details
Title
Overview of the Appeal Proceedings according to the EPC / Hugo Meinders, Philipp Lanz, Gérard Weiss.
Edition
3rd ed.
Item Type
Book
Description
436 pages
ISBN
9789403520858
Summary
About one in a hundred European patent cases ends up before a Board of Appeal. The appeal reviews a 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 This books provides an easily readable overview of the appeal proceedings in the three official languages of the EPO: English, German and French, including the (New) Rules of Procedure of the Boards of Appeal and of the Enlarged Board of Appeal. It covers amongst others the (new) requirements on filing of an appeal, the possible actions of the Board, the stricter treatment of late filings of the parties, the conduct of oral proceedings and the issue of the decision. Thus, the book gives an up-to-date account of the most important issues of the appeal proceedings at the Boards of Appeal of the EPO.
Formatted Contents Note
Preface
1. Introduction
2. The Boards of Appeal
3. Decisions subject to appeal
4. Effect of the appeal
5. Who is entitled to appeal?
6. Which Board hears which case?
7. Formal requirements on an appeal
8. Substantive requirements on an appeal: Statement of grounds
9. Interlocutory revision
10. Reply to the statement of grounds
11. Later filings
12. Actions of the Board
13. Oral proceedings
14. Reasoned written decision
15. Remittal to the department of first instance
16. Special issues
17. Further reading
Rules of Procedure of the Boards of Appeal, version 2020
Rules of Procedure of the Boards of Appeal, version 2007
Rules of procedure of the Enlarged Board of Appeal
Index
1. Introduction
2. The Boards of Appeal
3. Decisions subject to appeal
4. Effect of the appeal
5. Who is entitled to appeal?
6. Which Board hears which case?
7. Formal requirements on an appeal
8. Substantive requirements on an appeal: Statement of grounds
9. Interlocutory revision
10. Reply to the statement of grounds
11. Later filings
12. Actions of the Board
13. Oral proceedings
14. Reasoned written decision
15. Remittal to the department of first instance
16. Special issues
17. Further reading
Rules of Procedure of the Boards of Appeal, version 2020
Rules of Procedure of the Boards of Appeal, version 2007
Rules of procedure of the Enlarged Board of Appeal
Index
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Published
[Alphen aan den Rijn, Netherlands] : Kluwer Law International, 2020.
Language
English
Record Appears in
all