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"Conclusion" [2020] ELECD 149; in Muller, O. Marcus; Mulder, A.M. Cees (eds), "Proceedings Before the European Patent Office" (Edward Elgar Publishing, 2020) 203

Book Title: Proceedings Before the European Patent Office

Editor(s): Müller, O. Marcus; Mulder, A.M. Cees

Publisher: Edward Elgar Publishing

Section: Chapter 7

Section Title: Conclusion

Number of pages: 2

Abstract/Description:

Representing clients before the European Patent Office has aspects of playing a game of chess. Moves that you make at the beginning of the proceedings may have, sometimes, an irreparable impact on issues that become relevant at a later stage. For instance, as set out in Chapter 2, the way you draft a patent application may determine the outcome of later proceedings since the application as filed is basically the only resource you can rely on later in view of, e.g., any prior art cited by the opponent. As in a chess game, if moves are not made in a prudent way, you may end up in a catch-22 situation, such as the Article 123(2)/123(3) EPC trap, where no matter what you do, the game is lost. Also like chess, in order to make every move in a well-considered way, it is necessary to know in detail the rules of the game. Hence, detailed knowledge of the legal framework of opposition and appeal proceedings is required to know which options are available at each stage of the proceedings.