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Appeal procedure before the European Patent Office

Index Appeal procedure before the European Patent Office

The European Patent Convention (EPC), the multilateral treaty instituting the legal system according to which European patents are granted, contains provisions allowing a party to appeal a decision issued by a first instance department of the European Patent Office (EPO). [1]

42 relations: Administrative Council of the European Patent Organisation, Alphanumeric, Art. 23 1/15, Art. 23 2/15 and Art. 23 1/16, Berlin, Board of Patent Appeals and Interferences, C-146/13 and C-147/13, Carl Josefsson (judge), Case law, Common law, EPC 2000, European Court of Justice, European Patent Convention, European Patent Office, European Patent Office Reports, European Union, Gewerblicher Rechtsschutz und Urheberrecht, Internationaler Teil, Grant procedure before the European Patent Office, Haar, Bavaria, Internet Archive, IPKat, Joseph Straus, Judiciary, Jurisprudence, Limitation and revocation procedures before the European Patent Office, Merit (law), Munich, Netherlands, Official Journal of the European Patent Office, Opposition procedure before the European Patent Office, Patent Cooperation Treaty, Petition for review under the European Patent Convention, Public administration, Question of law, R 19/12, Ratio decidendi, Rijswijk, Robin Jacob, Standing Advisory Committee before the European Patent Office, The Hague, Treaty, Unitary patent, Wim van der Eijk.

Administrative Council of the European Patent Organisation

The Administrative Council of the European Patent Organisation is one of the two organs of the European Patent Organisation (EPOrg), the other being the European Patent Office (EPO).

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Alphanumeric

Alphanumeric is a combination of alphabetic and numeric characters, and is used to describe the collection of Latin letters and Arabic digits or a text constructed from this collection.

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Art. 23 1/15, Art. 23 2/15 and Art. 23 1/16

Art.

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Berlin

Berlin is the capital and the largest city of Germany, as well as one of its 16 constituent states.

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Board of Patent Appeals and Interferences

The Board of Patent Appeals and Interferences (BPAI) was an administrative law body of the United States Patent and Trademark Office (USPTO) which decided issues of patentability.

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C-146/13 and C-147/13

In decisions in the cases C-146/13 and C-147/13 issued in May 2015, the European Court of Justice (ECJ) rejected two challenges by Spain against the legality of both unitary patent regulations.

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Carl Josefsson (judge)

Carl Josefsson is a former Swedish Judge at the Svea Court of Appeal in Stockholm, and currently President of the Boards of Appeal of the European Patent Office (EPO), a new position created within the EPO.

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Case law

Case law is a set of past rulings by tribunals that meet their respective jurisdictions' rules to be cited as precedent.

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Common law

Common law (also known as judicial precedent or judge-made law, or case law) is that body of law derived from judicial decisions of courts and similar tribunals.

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EPC 2000

The EPC 2000 or European Patent Convention 2000 is the version of the European Patent Convention (EPC) as revised by the Act Revising the Convention on the Grant of European Patents signed in Munich on November 29, 2000.

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European Court of Justice

The European Court of Justice (ECJ), officially just the Court of Justice (Cour de Justice), is the supreme court of the European Union in matters of European Union law.

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European Patent Convention

The European Patent Convention (EPC), also known as the Convention on the Grant of European Patents of 5 October 1973, is a multilateral treaty instituting the European Patent Organisation and providing an autonomous legal system according to which European patents are granted.

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European Patent Office

The European Patent Office (EPO) is one of the two organs of the European Patent Organisation (EPOrg), the other being the Administrative Council.

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European Patent Office Reports

The European Patent Office Reports (EPOR) are a series of law reports, including decisions of the Boards of Appeal of the European Patent Office.

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European Union

The European Union (EU) is a political and economic union of EUnum member states that are located primarily in Europe.

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Gewerblicher Rechtsschutz und Urheberrecht, Internationaler Teil

Gewerblicher Rechtsschutz und Urheberrecht, Internationaler Teil (GRUR Int) is a monthlyMax Planck Institute for Intellectual Property, Competition and Tax Law web site,, Last updated on December 22, 2006.

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Grant procedure before the European Patent Office

The grant procedure before the European Patent Office (EPO) is an ex parte, administrative procedure, which includes the filing of a European patent application, the examination of formalities, the establishment of a search report, the publication of the application, its substantive examination, and the grant of a patent, or the refusal of the application, in accordance with the legal provisions of the European Patent Convention (EPC).

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Haar, Bavaria

Haar is a municipality in the district of Munich, in Bavaria, Germany.

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Internet Archive

The Internet Archive is a San Francisco–based nonprofit digital library with the stated mission of "universal access to all knowledge." It provides free public access to collections of digitized materials, including websites, software applications/games, music, movies/videos, moving images, and nearly three million public-domain books.

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IPKat

IPKat is a law blog founded in June 2003, and dedicated to intellectual property law (IP) with a focus on European law.

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Joseph Straus

Joseph Straus (born 1938 in Trieste, Italy Joseph Straus, Max Planck Institute for Intellectual Property, Competition and Tax Law web site) is professor of intellectual property law, former director of the Max Planck Institute for Intellectual Property, Competition and Tax Law, Munich, Germany, and Chairman of the Managing Board of the Munich Intellectual Property Law Center (MIPLC).

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Judiciary

The judiciary (also known as the judicial system or court system) is the system of courts that interprets and applies the law in the name of the state.

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Jurisprudence

Jurisprudence or legal theory is the theoretical study of law, principally by philosophers but, from the twentieth century, also by social scientists.

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Limitation and revocation procedures before the European Patent Office

In European patent law, the limitation and revocation procedures before the European Patent Office (EPO) are post-grant, ex parte,OJ 2007, Special edition 4/2007, page 116, item 1.

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Merit (law)

In law, Merits (Old French merite, reward, moral worth) is the inherent rights and wrongs of a legal case, absent of any emotional or technical biases.

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Munich

Munich (München; Minga) is the capital and the most populated city in the German state of Bavaria, on the banks of the River Isar north of the Bavarian Alps.

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Netherlands

The Netherlands (Nederland), often referred to as Holland, is a country located mostly in Western Europe with a population of seventeen million.

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Official Journal of the European Patent Office

The Official Journal of the European Patent Office (OJ EPO) is a monthly trilingual publication of the European Patent Office (EPO).

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Opposition procedure before the European Patent Office

The opposition procedure before the European Patent Office (EPO) is a post-grant, contentious, inter partes, administrative procedure intended to allow any European patent to be centrally opposed.

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Patent Cooperation Treaty

The Patent Cooperation Treaty (PCT) is an international patent law treaty, concluded in 1970.

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Petition for review under the European Patent Convention

Under the European Patent Convention (EPC), a petition for review is a request to the Enlarged Board of Appeal of the European Patent Office (EPO) to review a decision of a board of appeal.

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Public administration

Public Administration is the implementation of government policy and also an academic discipline that studies this implementation and prepares civil servants for working in the public service.

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Question of law

In law, a question of law, also known as a point of law, is a question that must be answered by applying relevant legal principles to interpretation of the law.

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R 19/12

R 19/12 is a decision issued on April 25, 2014 by the Enlarged Board of Appeal of the European Patent Office (EPO), in which the Enlarged Board allowed an objection of suspicion of partiality against its Chairman, the Vice-President of Directorate General 3 (DG3) (the Boards of Appeal Directorate), and ordered that he be replaced, because he was also acting as member of the Management Committee of the EPO.

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Ratio decidendi

Ratio decidendi (Latin plural rationes decidendi) is a Latin phrase meaning "the reason" or "the rationale for the decision".

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Rijswijk

Rijswijk (formerly known as Ryswick in English) is a town and municipality in the western Netherlands, in the province of South Holland.

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Robin Jacob

Robert Raphael Hayim "Robin" Jacob (born 26 April 1941), now styled The Rt Hon.

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Standing Advisory Committee before the European Patent Office

The Standing Advisory Committee before the European Patent Office (SACEPO, French: Comité consultatif permanent auprès de l'OEB, German: Ständiger Beratender Ausschuss beim EPA) is a committee advising the European Patent Office (EPO) on patent law issues.

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The Hague

The Hague (Den Haag,, short for 's-Gravenhage) is a city on the western coast of the Netherlands and the capital of the province of South Holland.

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Treaty

A treaty is an agreement under international law entered into by actors in international law, namely sovereign states and international organizations.

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Unitary patent

The European patent with unitary effect (EPUE), more commonly known as the unitary patent, is a new type of European patent in advanced stage of adoption which would be valid in participating member states of the European Union.

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Wim van der Eijk

Wim van der Eijk (born ca. 1957) is a Dutch civil servant, who held the positions of Vice-President of the European Patent Office (EPO), head of the Boards of Appeal of the EPO, known as DG3 (Directorate-General, 3, Appeals), and Chairman of the EPO Enlarged Board of Appeal from December 2011 to November 2016.

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References

[1] https://en.wikipedia.org/wiki/Appeal_procedure_before_the_European_Patent_Office

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