masterclass: epo oral proceedings - institut2019/06/05  · masterclass: epo oral proceedings aims...

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Topics Oral proceedings: difcult, 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 flings and their consequences Opposition Divisions and Boards of Appeal: diferences 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 Ofce, Munich (Germany) 4 - 5 June 2019 in Amsterdam Daniel Xavier Thomas Former Director, Directorate- General 1 – Operations, European Patent Ofce, Munich (Germany) Practical Course Masterclass: EPO Oral Proceedings Amsterdam Summer Special 2019

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Page 1: Masterclass: EPO Oral Proceedings - Institut2019/06/05  · Masterclass: EPO Oral Proceedings Aims and objectives Our experts will show you all the dierent aspects which have to be

† 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

Page 2: Masterclass: EPO Oral Proceedings - Institut2019/06/05  · Masterclass: EPO Oral Proceedings Aims and objectives Our experts will show you all the dierent aspects which have to be

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.

Page 3: Masterclass: EPO Oral Proceedings - Institut2019/06/05  · Masterclass: EPO Oral Proceedings Aims and objectives Our experts will show you all the dierent aspects which have to be

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

Page 4: Masterclass: EPO Oral Proceedings - Institut2019/06/05  · Masterclass: EPO Oral Proceedings Aims and objectives Our experts will show you all the dierent aspects which have to be

† 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.

Name

Position/Department

Company

Street

Postal Code/City/Country

Tel. No.

E-Mail

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

[email protected]

FORUM · Institut für Management GmbH · POB 105060 · 69040 Heidelberg · Germany

Tel. +49 6221 500-500 · Fax +49 6221 500-555 · www.forum-institut.com

Learn how OD

& BoA think and

what they want!

Registration under

[email protected] or

Fax +49 6221 500-555

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