"Late-filing during Appeal Proceedings Before the EPO" in Patents & Licensing, February 2013, Vol. 43, No. 1, 34-37
Publication | 05.03.2013
Author(s): Dr. M. Retzlaff, Dr. P. Klusmann
In the February 2013 issue of "Patents and Licensing", Dr. Marco Retzlaff and Dr. Peter Klusmann of HOFFMANN EITLE's chemistry group provide an update on the EPO's current handling of "late-filed" facts and arguments before its Boards of Appeal.
Recently, the Appeal Boards issue more and more decisions wherein the turning point is the admissibility of requests, documents and even arguments which are considered to be late-filed and thus are precluded from the appeal proceedings. The authors look into the concept of "late-filing" during appeal proceedings before the EPO and discuss recent case law to illustrate the risks if a party keeps its best arguments for last.
Patents & Licensing is a bimonthly publication of IP·L Communications Inc., published in the English language in Japan. HOFFMANN EITLE has been the European correspondent of Patents & Licensing for many years. Further information on Patents & Licensing can be obtained on the publishers website at www.iplcom.jp