masterclass: epo oral proceedings - institut2019/06/05 · masterclass: epo oral proceedings aims...
TRANSCRIPT
† Topics
† Oral proceedings: difficult, but can be mastered!
† Scope of the opposition procedure,
especially with multiple opponents
† What may happen if you do not attend? When is an authorisation
necessary? What is the status of accompanying persons?
† Late filings and their consequences
† Opposition Divisions and Boards of Appeal:
differences in procedure
† The present and proposed new appeal rules
† Be prepared with a mock trial and get practical tips
New rules of procedure of the
Boards of Appeals included!
† Your Speakers
Dr. Hans-Peter Felgenhauer
Former Technical Member
of the Boards of Appeal,
European Patent Office,
Munich (Germany)
4 - 5 June 2019 in Amsterdam
Daniel Xavier Thomas
Former Director, Directorate-
General 1 – Operations,
European Patent Office,
Munich (Germany)
Practical Course
Masterclass: EPO Oral ProceedingsAmsterdam Summer Special 2019
Masterclass: EPO Oral Proceedings
† Aims and objectives
Our experts will show you all the different aspects which have
to be taken into account when being summoned to Oral Pro-
ceedings. It will go from the preparation through to the actual
presentation at the Oral Proceedings itself, without neglecting
important procedural aspects which can play a determining
role. Participants will be shown techniques and rules for suc-
cessful participation at Oral Proceedings before the EPO. They
will be given the legal, technical and practical information es-
sential for being successful not only before Examining/Oppo-
sition Divisions, but also before Boards of Appeal. Part of the
course will deal with specific aspects to be taken into account
when appearing before a Board of Appeal. Procedural aspects
become even more important. The programme includes real
life situations and a full-day mock trial in which participants
can test their skills.
† Who should attend?
Do you work in a corporate patent/IP department or as a
patent attorney in private practice? Do you need to be
prepared for the next oral proceedings before the EPO?
Then this course is designed for you. Knowledge of European
patent law is required.
† Limited numbers of attendees
This masterclass is restricted to 20 attendees. This limitation
will give participants the opportunity for a thorough discussion
of the complex issues to be covered by the programme.
† What our participants say
† ‘Very informative, especially the mock trial.’
(European Patent Attorney)
† ‘Lots of practical information and advice you won’t find in
any book.’ (EPA)
† ‘Hands-on advice for handling oral proceedings.
Very experienced speakers.’ (Patent Counsel/EPA)
† ‘Very useful, good expertise.’ (Attorney)
† Coaching
If you would like to be even better prepared for a specific oral
proceedings, then our speakers will coach you individually
at your premises for upcoming oral proceedings. Experience
shows that a kind of ‚rehearsal‘ of coming oral proceedings
can reveal some aspects, which might be to your advantage
or not. Better discover those before the day than during
oral proceedings. Just call + 49 6221 500 675 or email to
[email protected] for further details.
† Your Speakers
Dr. Hans-Peter Felgenhauer
Former Technical Member
of the Boards of Appeal,
European Patent Office,
Munich (Germany)
Dr.-Ing. Hans-Peter Felgenhauer was a Technical Member of
the Boards of Appeal in the technical field of mechanical engin-
eering from 2001 to 2014. Prior to that he was an examiner
at the EPO. Before Hans-Peter joined the EPO, he worked as a
patent attorney in private practice and as in-house counsel in
Germany and the US. He is now a European Patent Attorney
with Meissner Bolte and conducts i.a. mock trials. Hans-Peter
has a technical background in mechanical engineering.
Daniel Xavier Thomas
Former Director, Directorate-General 1 –
Operations, European Patent Office,
Munich (Germany)
Daniel X. Thomas, active in IP since 1971, headed a series
of directorates at the EPO in various fields of technique, like
electronics, medical physics and mechanics. Having chaired
several hundreds of opposition proceedings, Daniel X. Thomas
is very experienced in oral proceedings.
† Amsterdam Summer Courses
The Amsterdam
Summer Courses
are a special high-
light. They provide
participants with
an atmosphere
that is just as
extraordinary as it
is relaxed. You will
be able to focus
completely on the course, then relax in the evening, enjoying the
city’s unique flair.
A joint dinner with attendees and speakers in one of the city’s
cosy restaurants is an integral part of the Amsterdam Summer
Courses.
† Get prepared for the course!
We will send you training materials prior to the course. Thus,
you can prepare the case studies and the mock trial and get
the most out of the course.
Your AgendaTips and tricks you won’t find
in any book
† Day 1: 10:00 - 18:00, Day 2: 09:00 - 17:00
Dealing with Examining and Opposition Divisions: Dos and Don’ts† Key questions relating to oral proceedings
† Article 116 EPC - central provision governing oral proceedings in order to preserve the right to be heard (Article 113 EPC)
† Requests for oral proceedings; requests for adjournment of oral proceedings
† Public: Which oral hearings are public/non-public?
† Oral proceedings in the form of video-conferences in ex-parte procedures at first instance
† Costs and their apportionment
† Preparation of oral proceedings
† Summons to oral proceedings and annex to the summons – importance of the annex
† Is it possible to avoid oral proceedings in examination proceedings?
† Procedural pitfalls to avoid
† Absence of a party, the consequences
† Opening of oral proceedings
† Authorisations: when are they needed
† Accompanying persons: their legal and procedural status
† The oral proceedings as such: order of the discussion of the various topics
† Late submissions/filings: requests, documents/grounds or arguments
† In examination proceedings, especially with regard to Rule 137
† In opposition proceedings:
- The legal and factual framework of the opposition procedure
- Special case of multiple opponents
- When is a late filing legitimate?
† Final stage in oral proceedings before Examining and Opposition Divisions
† Examination by the European Patent Office of its own motion: limits
† Miscellaneous: recordings, computer presentations
† Dos and don’ts in oral proceedings
Appearing before the Boards of Appeal† Specific requirements of the Boards
† Preparation for the oral proceedings
† How to deal with the Boards
† Auxiliary requests
† The Rules of Procedure of the Boards – and how they may change soon
† Late-filed documents, requests and arguments
† Postponement of oral proceedings
† Case law: how important is it?
† Petitions for Review
Full-day MOCK TRIAL† Participants will work through some real-life situations and scenarios
† Interactive, role play
† With specially prepared cases
† Under the guidance of the speakers
† Focus: accompanying persons, late filings
† Training confident behaviour before the Boards
† Practical tips on presentation
† Registration Form
Yes, I will attend the Amsterdam Summer Special
Masterclass: EPO Oral Proceedings
4 - 5 June 2019 in Amsterdam Course No. 19 06 182
Yes, I agree that FORUM Institut may inform me about events by:
□ email; and/or □ telephone. I may withdraw my consent at any time.
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Tel. No.
Contact person at office
Date, Signature
† How to register
† Registration: +49 6221 500-500
† Internet:
www.forum-institut.com
† Date/Venue:
4 - 5 June 2019 in Amsterdam
Day 1: 10:00 –18:00
Day 2: 09:00 –17:00
Amsterdam Marriott Hotel
Stadhouderskade 12 · NL 1054 Amsterdam
Tel. +31 20 6075555 · Fax +31 20 60075511
† Fee:
€ 1,680 + 21% VAT
The fee includes course documentation as well as midsession
refreshments, lunch and social programme. Invoice and con-
firmation will be forwarded to you.
Masterclass: EPO Oral Proceedings
† Cancellation Policy
Our general terms and conditions apply (as of 01.01.2016) and are
available upon request. We can send them to you anytime or you can
find them on the internet at www.forum-institut.com/t&c.
† Any further questions?
I am gladly at your disposal should you
have any further questions about the
Masterclass. Please feel free to contact
me if you have any questions.
Jean-Claude Alexandre Ho, LL.M.Lawyer, Conference Manager
Tel. +49 6221 500-675
FORUM · Institut für Management GmbH · POB 105060 · 69040 Heidelberg · Germany
Tel. +49 6221 500-500 · Fax +49 6221 500-555 · www.forum-institut.com
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