Journal Article

Petitions for review of European Patent Office (EPO) Appeal Board decisions by the EPO Enlarged Board of Appeal

Julian Cockbain

in Journal of Intellectual Property Law & Practice

Volume 4, issue 12, pages 876-892
Published in print December 2009 | ISSN: 1747-1532
Published online October 2009 | e-ISSN: 1747-1540 | DOI: http://dx.doi.org/10.1093/jiplp/jpp168
Petitions for review of European Patent Office (EPO) Appeal Board decisions by the EPO Enlarged Board of Appeal

Show Summary Details

Preview

Legal context

With the amendment to the European Patent Convention which came into effect in December 2007, there arrived the possibility for those unhappy with a decision by one of the European Patent Office's Boards of Appeal to petition the Enlarged Board of Appeal to review the decision, and return the case for re-hearing.

Key points

The grounds on which such a petition could be founded are limited but for a patentee whose European Patent has been revoked, a petition represents the only possible way to have his patent reinstated. Unsurprisingly, the majority of petitioners in the first year and a half of the new system have been patentees. Only 1 petition out of the 16 disposed of has been successful and the Enlarged Board of Appeal has shown itself to be expeditious but firm.

Practical significance

In this article, the decisions thus far taken by the Enlarged Board of Appeal are reviewed as are the petitions which are either pending or have been withdrawn in order to draw guidance as to how to avoid the necessity of petitioning or how to increase the chances of a petition being successful.

Journal Article.  12930 words. 

Subjects: Arbitration ; Intellectual Property Law

Full text: subscription required

How to subscribe Recommend to my Librarian

Users without a subscription are not able to see the full content. Please, subscribe or login to access all content.