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EPO (European Patent Office) Oppositions and Appeals - the Case Law and Workshop Training Course

Drawing on case law and the experience of the faculty, this seminar considers the present workings of the opposition and appeal procedures at the European Patent Office. It provides an in-depth summary of both background and recent developments at the EPO and explains how these will impact on your day-to-day practice. It will give you the knowledge and skills to navigate this highly technical area.

8-9 Sep 2022

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  • Format: Live online
  • CPD: 12 hours for your records
  • Certificate of completion

Course overview

Drawing on case law and the experience of the expert speakers, this seminar considers the present complex workings of the opposition and appeal procedures at the European Patent Office (EPO). It provides an in-depth summary of both background and recent developments at the EPO, including the new Rules of Procedure that entered into force on 1 January 2020, and explains how these will impact on your day-to-day practice. It will give you the knowledge and skills to navigate this highly technical area and adapt to the recent changes.

The second day of the seminar will be an opposition workshop, culminating in mock oral proceedings in which attendees can participate to gain practical experience in a safe environment. This session will also offer vital tips and feedback on written and oral presentation before the Opposition Division and Boards of Appeal.

You will also have ample opportunity to discuss your particular questions with our expert trainers who will be able to give you insights from both a patent lawyer’s and the EPO’s perspective.

Key topics to be covered:
  • Introduction to oppositions
  • Filing and admissibility of oppositions
  • Substantive examination of oppositions
  • Evidence
  • Introduction to appeals
  • Filing, admissibility and examination of appeals
  • Petitions for review
  • Oppositions and appeal case law
  • Revised Rules of Procedure of the Boards of Appeal – January 2020
  • Oral proceedings including a mock hearing

Who should attend

  • Patent attorneys in private practice
  • In-house patent attorneys and lawyers
  • Trainee patent attorneys
  • IP managers and advisers
  • Patent managers and specialists
  • All those working or training in intellectual property

Those already familiar with the field will also find this seminar valuable for updating their knowledge.

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The EPO Oppositions and Appeals - the Case Law and Workshop course will cover:

Introduction to oppositions

  • Parties
  • Representation
  • Languages
  • Composition of opposition divisions

Filing and admissibility of oppositions

  • Time limits
  • Notices of opposition
  • Admissibility
  • Sufficient/insufficient substantiation
  • Transfer of oppositions

Substantive examination of oppositions

  • Extent and grounds of opposition
  • Late submissions
  • Communications and amendments
  • Effect of withdrawal of oppositions

Evidence

  • Admissible evidence
  • Written and oral evidence
  • Evaluation of evidence
  • Standard of proof
  • Burden of proof

Oral proceedings

  • Requests for and summons to oral proceedings
  • Procedure

Introduction to appeals

  • The Boards of Appeal and Enlarged Board
  • Nature of appeals
  • Parties to appeals,
  • The rule against reformation in peius

Filing, admissibility and examination of appeals

  • Time limits
  • Written submissions
  • New grounds of opposition

Petitions for review

    • Grounds for petitions to the Enlarged Board for review of appeal decisions
    • Emerging case law
    • Review procedure

      Oppositions and appeal case law summary

      • Added matter
      • Insufficiency
      • Inventive step
      • Novelty

        Revised Rules of Procedure of the Boards of Appeal of the EPO

        • Aims of the revision
        • Case management measures
        • Transitional provisions
        • Key concepts for amendments to a party’s case – ‘convergent approach’

          Mock oral proceedings

          • Introduction
          • Requests
          • Novelty
          • Added matter
            • Admissibility
            • Inventive step
            • Auxiliary request

              Mock oral proceedings conclusion

              • Decision
              • Feedback

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              Leythem Wall

              Leythem Wall is a European and UK patent attorney and litigator specialising in the chemical, consumer products, energy, material, mechanical, medical and pharmaceutical sectors. Prior to founding Oxon IP, he was a Partner in major European and US Intellectual Property law firms, and before then in-house patent counsel for ExxonMobil and AkzoNobel. He has extensive experience in patent drafting, prosecution and particularly oppositions before the European Patent Office. Having worked in private practice and industry for European and US companies, he has significant knowledge of the US patent system, and how this compares with Europe.

              More details

              Graham Ashley

              Graham was formerly chairman of an EPO board of appeal in mechanics, chairing over 500 cases in a wide range of general technology, such as the building/construction industry, oil exploration, weapons, metal processing, furniture and sanitary equipment (somebody has to do the toilets).

              His background is metallurgy and has a PhD in electrochemistry from Cambridge. In 1996 he was called to the Bar (Lincoln’s Inn), but moved straight away to the EPO in Munich to work as a patent examiner.

              He was a member of the committee for the European Qualifying Examination (C – Paper: Opposition), and was responsible for drafting one of the exam papers.

              He gives talks and presentations on EPO case law and procedures, most recently on inventive step, clarity and the work of the boards of appeal. He was also involved with the training of new members of the boards of appeal. He advises on presenting cases at oral proceedings before the EPO, in particular he is involved in CIPA and EPI workshops on training patent attorneys, and contributes to mock hearings concerning individual cases.

              More details

              Book EPO Oppositions and Appeals - the Case Law and Workshop Live online training

              NEW higher discounts for multiple bookings - bring your colleagues to make your training budget go further:

              • 30% off the 2nd delegate*
              • 40% off the 3rd delegate*
              • 50% off the 4th delegate*

              8-9 Sep 2022

              Live online

              09:30-17:30 UK (London) (UTC+01)
              10:30-18:30 Paris (UTC+02)
              04:30-12:30 New York (UTC-04)
              Course code 11715

              • GBP 899 1,099
              • EUR 1,299 1,579
              • USD 1,474 1,786

              Until 04 Aug

              View basket 

              * Early booking discounts may not be combined with other discounts or offers. As such, the discounts for 2nd/3rd/4th delegates are based on the full price.

              United Kingdom

              • A.A. Thornton & Co
              • AstraZeneca UK Ltd
              • B Lee IP Ltd
              • Bawden & Associates
              • Boult Wade Tennant
              • Bristows
              • Element Six Ltd
              • HGF Ltd
              • Innovia Films Limited
              • Innovia Films Ltd
              • Johnson Matthey PLC
              • Mundipharma Research Ltd
              • Nissan Technical Centre Europe
              • Pfizer Limited
              • Procter & Gamble Technical Centres Ltd
              • Reckitt Benckiser Ltd
              • Renishaw plc
              • Smith & Nephew UK Ltd
              • Stratagem IPM Ltd
              • Unilever
              • Unilever R&D Port Sunlight
              • Vectura Group plc
              • W P Thompson & Co
              • Withers & Rogers LLP

              Germany

              • COHAUSZ & FLORACK
              • Hoffmann Eitle
              • JETRO Dusseldorf
              • Kao Germany GmbH
              • Maiwald Patentanwalts GmbH
              • Procter & Gamble Service GmbH
              • Umicore AG & Co. KG
              • Vossius & Partner

              Belgium

              • Ablynx NV
              • Agfa Gevaert NV
              • Bayer CropScience NV
              • Procter & Gamble Services NV/SA
              • Sofics BVBA

              Netherlands

              • DSM IP & Licensing BV
              • EDP Patente Attorneys B.V.
              • NLO
              • Royal KPN N.V.
              • Wageningen UR

              Sweden

              • AstraZeneca
              • AstraZeneca AB
              • Hansson Thyresson Patentbyra AB
              • Krahbichler Intellectual Property Advisors AB - KIPA AB
              • Zacco Sweden AB

              Italy

              • Chiesi Farmaceutici SpA
              • ENI spa
              • Industrie de Nora SpA
              • Sealed Air S.r.l.

              Austria

              • Boehringer Ingelheim RCV GmbH & Co KG
              • Borealis Polyolefine GmbH
              • Patentanwalt Dr Andreas Weiser

              Switzerland

              • Inventio AG
              • Lonza Ltd
              • Société des Produits Nestlé S.A.

              Finland

              • Kolster OY AB
              • Primrose Oy

              France

              • Germain & Maureau
              • Sanofi

              Canada

              • BCF

              Norway

              • Protector IP AS

              South Africa

              • Sasol Global Learning

              Spain

              • Corporación Medichem, S.L.

              Enrol now

              Run EPO Oppositions and Appeals - the Case Law and Workshop Live online for your team

              2 days

              Typical duration

              Pricing from:

              • GBP 800
              • Per attendee
              • Course tailored to your requirements
              • At your choice of location, or online

               

              We can customise this course to your requirements and deliver it on an in-house basis for any number of your staff or colleagues.

              Contact our in-house training expert Aleksandra Beer to discuss your requirements:

              Multiple colleagues? See above for details of our discounts for 2, 3, or 4 delegates. For more, talk to one of our training experts to discuss how to:

              Run this course conveniently and cost-effectively in-house for your staff and colleagues

              Aleksandra BEER
              Training expert

              +44 (0)20 7749 4749

              inhouse@ipi.academy