In the oral proceedings all grounds for opposition will be thoroughly discussed so that the proceedings may take the whole day. Thus, attending an oral hearing at the EPO requires extensive preparation. A decision will be announced at the end of the oral proceedings.
About two months from the date of oral proceedings, the written decision and the minutes are forwarded to the parties. Each of the parties adversely affected by the decision may then file an appeal. The formal note of appeal must be filed within two months of receipt of the decision and the grounds for the appeal must be filed within four months. These deadlines cannot be extended.
As far as possible, all reasons for the appeal and new documents or evidence should be filed with the appeal brief. The respondent will be given a term of four months' to reply to the appeal.
After about two years from the filing of the appeal(s) if requested oral proceedings will be appointed before the Board of Appeal. The Board of Appeal consists of two technically qualified members and one legal member. Thus, the legal aspects of the case must be handled still more carefully than before the Opposition Division. Together with the summons for oral proceedings, a preliminary opinion on the merits of the case may be given.
During the oral proceedings before the Board of Appeal there will be a thorough discussion of all grounds for opposition. At the end of the oral proceedings, the Board of Appeal will announce its decision. The Board of Appeal decision is final. Only in exceptional circumstances will the Enlarged Board of Appeal decide on particular issues.
Summing up, one can say that the European opposition procedure is quick and cost-effective. Competent authorities take the decision, and this explains the procedure's continuously increasing popularity. Nevertheless, each case needs careful preparation and a good knowledge of the technical and legal issues involved.
| Dr. Utz Kador |
Dr. Utz Kador is a German and European patent and trade mark attorney. He founded Kador & Partner in 1974. As a trained chemist with particular experience in the polymer field, and as a chemical engineer, he is mainly engaged in patent matters in these fields especially in proceedings before the European Patent Office. In addition, he deals with applications in the fields of physics, steel manufacturing, optics and mechanics, as well as with trade mark cases and licence agreements.
Dr. Kador is a member of the Working Committee (Patents) of the Union of the European Patent Attorneys. For many years, he was secretary and member of the board of the German Chapter of the Licensing Executives Society (LES) and international delegate of LES. He has also been chairman of the Trade mark Committee of LES International. Furthermore, he has been a member of the International Trade mark Committee of the International Trade mark Association (INTA) for a number of years. At present he is a member of the Community Trade mark Committee of INTA. |
| Dr Bernhard Pillep |
Dr. Bernhard Pillep , born in 1968, joined Kador & Partner in January 1999. He has been a practising German patent attorney since June 2002 and a European patent and trade mark attorney since summer 2003. He became a partner 2004.
Dr. Pillep studied general and technical chemistry at the Universities of Regensburg and Karlsruhe. During his dissertation at the Ludwig-Maximilians-University in Munich he spent several months at the Lawrence Livermore National Laboratory in California (US). In 1999 he obtained his doctorate degree with summa cum laude . His dissertation dealt with questions of organometallic chemistry, inorganic solid-state chemistry, especially in the zeolite field, and physical chemistry.
At Kador & Partner, Dr. Pillep handles all kinds of IP matters, including patents, trade marks and designs, with a focus on patents. He is especially involved in oppositions against European Patents. |