FICPI, The International Federation of Intellectual Property Attorneys

USER CONSULTATION CONFERENCE ON THE NEW RULES OF PROCEDURE OF THE BOARDS OF APPEAL

21st January, 2019

The conference was attended by around 150 participants, including members from the EPO, Boards of Appeal, epi, BusinessEurope and other associations, judges, as well as patent attorneys from the private practice and the industry.

According to Carl Josefsson, president of the BoAs, the aim of the conference was to explain the details and the effects of the new Rules of Procedure.

The new rules may enter into force on 1 January 2020.

Sir Colin Birss remarked that the revision process was not completed, that the responses to the first draft had been taken in duly account and that the Boards of Appeal would have listened to the users during the conference to improve the current draft.

Marcus Müller, Chair of TBoA 3302, presented the details of the case management of appeal procedures according to new Article 11, while Mike Harrison, Chair of TBoA 3206, presented new Articles 12 and 13 relating to the basis of appeal proceedings and amendments to a party’s appeal case.  

The presentations were followed by discussions of panels of experts and Q&A sessions.

Notwithstanding the clarifications given by the presenters, the participants still seemed to have concerns on some provisions, in particular new Articles 11, 12 and 13.

A full meeting report is available here FICPI report on the RoP of the BoA 5-12-2018.

Author: Antonio Pizzoli

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