Overview of the Appeal Proceedings According to the EPC Third Edition Hugo Meinders, Philipp Lanz & Gérard Weiss About this book: Overview of the Appeal Proceedings According to the EPC helps in understanding the nature of the appeal proceedings before the Boards of Appeal. The previous editions of this book made an effort to explain in brief introductory terms how appeal proceedings work and how the Boards of Appeal function. This edition deals with the New Rules of Procedure adopted by the BoAC2 and approved by the Administrative Council which entered into force on 1 January 2020. About one in a hundred European patent cases end up before a Board of Appeal. The appeal reviews the 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. What’s in this book: This book provides an easily readable overview of the appeal proceedings in the three official languages of the European Patent Office (EPO): English, German and French, including the (New) Rules of Procedure of the Boards of Appeal and the Enlarged Board of Appeal. It covers amongst others the following: (new) requirements on filing an appeal; the possible actions of the Board; the stricter treatment of late filings of the parties; and the conduct of oral proceedings and the issue of the decision. This book gives an up-to-date account of the most important issues of the appeal proceedings at the Boards of Appeal of the EPO. How this will help you: This book is intended as a reference book for applicants in ex-parte (examination appeal) proceedings, or patent proprietors or opponents in inter-partes (opposition appeal) proceedings, as appellants or respondents, or party as of right. It facilitates in finding an answer to issues that a party may encounter. Editors: Hugo Meinders, Philipp Lanz & Gérard Weiss

The second edition of this acclaimed and widely-used book has been thoroughly updated in light of, among others, the revised Rules of Procedure of the Boards of Appeal, which entered into force in January 2020. It provides the first detailed understanding of these new rules and their influence on opposition and appeal proceedings. Dealing with all stages of proceedings before the European Patent Office, this book provides fresh insight into how best to act at each stage to successfully complete a case in opposition and appeal, detailing how opposition divisions and boards of appeal approach the cases before them.

This book provides the first comprehensive study of what cannot be patented and what should not be patentable in Europe.

Far more than a revised update, this new edition of a well-received guide to US patent law is twice as valuable to European patent practitioners as the previous edition. It is virtually a brand new book. The author, drawing on her recent years at a US firm, has augmented each chapter with practical information – including lines of argumentation to overcome obviousness rejections – and added new chapters, as well as much more detail on petitions and appeals, post-grant proceedings, and litigation. The new edition tells European practitioners not just about the framework of US patent law, but how it is applied. No other such book exists. With an overview of options at each stage of US patent prosecution and enforcement – with particular emphasis on its differences from the EPO system – the new edition details the available courses of action for all the procedural scenarios a European patent attorney is likely to encounter. The coverage is loaded with practical guidance on such aspects of US patent law and procedure as the following: · drafting applications and filing them at the US Patent Office; · applying provisions of the America Invents Act of 2011; · possible responses to a Final Office Action; · costs, fees, and time periods for various procedural actions; · using the US Manual of Patent Examination Procedure (MPEP); · declarations, oaths, and affidavits; · the Quick Path Information Disclosure Statement (QPIDS); · submissions on patentability by third parties; and · supplemental replies during examination proceedings. Every step in the process is described and directly compared as it operates under both the European Patent Convention (EPC) and US patent law. Any practitioner who has unsuccessfully tried to pursue in the US claims that were granted in the EPO will gain a new understanding of the reasons why – and what to do about it. In this highly practical, one-of-a-kind book, European patent professionals will find, detail by detail, exactly what is required at every stage of patent proceedings in the US. There is no other available source of such instantly accessible information for European patent lawyers, in-house counsel and paralegals, or EPC or national patent office officials, to all of whom this book will be of immeasurable value and usefulness. Intellectual property law academics and students will also benefit from the book’s comparative approach.

This volume assembles papers commissioned by the National Research Council's Board on Science, Technology, and Economic Policy (STEP) to inform judgments about the significant institutional and policy changes in the patent system made over the past two decades. The chapters fall into three areas. The first four chapters consider the determinants and effects of changes in patent "quality." Quality refers to whether patents issued by the U.S. Patent and Trademark Office (USPTO) meet the statutory standards of patentability, including novelty, nonobviousness, and utility. The fifth and sixth chapters consider the growth in patent litigation, which may itself be a function of changes in the quality of contested patents. The final three chapters explore controversies associated with the extension of patents into new domains of technology, including biomedicine, software, and business methods.

This manual provides guiding principles for the use of patent data in the context of S&T measurement, and recommendations for the compilation and interpretation of patent indicators in this context.

The U.S. patent system is in an accelerating race with human ingenuity and investments in innovation. In many respects the system has responded with admirable flexibility, but the strain of continual technological change and the greater importance ascribed to patents in a knowledge economy are exposing weaknesses including questionable patent quality, rising transaction costs, impediments to the dissemination of information through patents, and international inconsistencies. A panel including a mix of legal expertise, economists, technologists, and university and corporate officials recommends significant changes in the way the patent system operates. A Patent System for the 21st Century urges creation of a mechanism for post-grant challenges to newly issued patents, reinvigoration of the non-obviousness standard to quality for a patent, strengthening of the U.S. Patent and Trademark Office, simplified and less costly litigation, harmonization of the U.S., European, and Japanese examination process, and protection of some research from patent infringement liability.