Proceedings Before the European Patent Office: A Practical Guide to Success in Opposition and Appeal (Elgar Practical Guides)

`The book gives a new approach to opposition and appeal. It starts with setting out the consequences of choices made during drafting the patent application for opposition and appeal. It provides arguments both for proprietor and opponent, for defence and attack. The topics are illustrated by very instructive examples, often taken from case law. The book is also a good introduction into the art of filing requests before the opposition division and the board of appeal. Warmly recommended.' -- Derk Visser, European Patent Attorney, Of Counsel, Patent Attorney, EIP, London, UK and Lecturer at CEIPI, Strasbourg, France `Opposition proceedings and appeal proceedings in opposition cases are quite different from prosecuting an application at least in two respects: Proceedings involving numerous procedural aspects are contentious and in many cases, there is already a conflict on the market increasing the commercial interest in the case. Proceedings Before the European Patent Office: A Practical Guide to Success in Opposition and Appeal keeps the promise made in its title and helps the practitioner to avoid procedural pitfalls. The authors come from different backgrounds and the book profits from their different perspectives. Marcus O. Muller is a member of the Boards of Appeal whereas Cees A.M. Mulder is a European Patent Attorney and both have profound experience in teaching the EPC. Two features of the Guide deserve to be highlighted. First, the emphasis on the interrelations between the different stages from drafting the application until the oral proceedings in opposition appeal proceedings with the conclusion that failures and omissions at an early stage can possibly not be repaired later on. Second, the numerous examples mostly on the basis of the relevant case law and the practical advices complementing the explanation of the procedural problems arising at different stages of opposition and appeal proceedings. In this way, the Guide illustrates the rules of the game before opposition divisions and boards of appeal, and may help the users to avoid unpleasant and dangerous surprises.' -- Rudolf Teschemacher, Bardehle Pagenberg, Munich, Germany `From the trainee assisting on their first opposition to the seasoned patent attorney, Messrs Muller and Mulder have written a book relevant to anyone interested in contentious IP proceedings. Covering every aspect of opposition and appeal law and procedure, and supported by relevant and thoughtful examples throughout, even in relation to the intensely practical considerations surrounding oral proceedings, this is a welcome augmentation to current texts on European Patent Law. Essential reading for every practitioner!' -- Gwilym Roberts, European Patent Attorney and Partner, Kilburn and Strode LLP, UK `The book illustrates, in a very instructive manner, the proceedings before the European Patent Office (EPO), specifically with regard to opposition and appeal procedures. It guides the reader on what to avoid when drafting and prosecuting European patent applications, and will help practitioners, both in industry and in the legal profession, to take appropriate account of the most recent case law developments of the EPO with regard to opposition and appeal proceedings.' -- Heinz Goddar, University of Bremen, Germany `We are now blessed with a whole academia of intellectual property that delight in studying the issues arising in big court decisions, but much less is written to help agents make inventions become valid patents that will be valuable business assets. Well done Edward Elgar for bringing us something so usable.' -- Solo IP