Presented by
Management Forum

EPO Oppositions and Appeals - the Case Law and Workshop

Updated for 2021! 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 Mar 2022 + 1 more date

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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

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

              8-9 Mar 2022

              Live online

              09:30-17:30 UK (London) (UTC+00)
              10:30-18:30 Paris (UTC+01)
              04:30-12:30 New York (UTC-05)
              Course code 11602

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

              Until 01 Feb

              View basket 

              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 

              UK

              • 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

              Sweden

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

              Netherlands

              • DSM IP & Licensing BV
              • NLO
              • Royal KPN N.V.
              • Wageningen UR

              Italy

              • Chiesi Farmaceutici SpA
              • ENI spa
              • Industrie de Nora SpA

              Switzerland

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

              Austria

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

              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

              Multiple colleagues?
              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