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 YOUR SPEAKERS Dr. Hans-Peter Felgenhauer Former Technical Member of the Boards of Appeal, European Patent Ofce, Munich (Germany) Daniel Xavier Thomas Former Director, Directorate-General 1 – Operations, European Patent Ofce, Munich (Germany) 28 - 29 NOVEMBER 2019 IN HEIDELBERG Masterclass: EPO Oral Proceedings Heidelberg Pre-Christmas Course 2019 PRACTICAL COURSE New rules of procedure of the Boards of Appeals included!
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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
YOUR SPEAKERS
Dr. Hans-Peter FelgenhauerFormer Technical Member of the Boards of Appeal,
European Patent Office,
Munich (Germany)
Daniel Xavier ThomasFormer Director, Directorate-General 1 – Operations,
European Patent Office,
Munich (Germany)
28 - 29 NOVEMBER 2019 IN HEIDELBERG
Masterclass: EPO Oral Proceedings
Heidelberg Pre-Christmas Course 2019
PRACTICAL COURSE
New rules of procedure of theBoards of Appeals included!
Aims and objectives
Our experts will show you all the different aspects which
have to be taken into account when being summoned to
Oral Proceedings. 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 successful participation at
Oral Proceedings before the EPO. They will be given the
legal, technical and practical information essential for
being successful not only before Examining/Opposition
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 Euro-
pean patent law is required.
Limited numbers of attendees
This masterclass is restricted to 20 attendees. This limi-
tation will give participants the opportunity for a thor-
ough 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)
Your Speakers
Dr. Hans-Peter
FelgenhauerFormer Technical Member of the
Boards of Appeal, European Patent
Office, Munich (Germany)
Dr.-Ing. Hans-Peter Felgenhauer was a Technical Mem-
ber of the Boards of Appeal in the technical field of
mechanical engineering from 2001 to 2014. Prior to that
he was an examiner at the EPO. Before Hans-Peter joi-
ned 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 Meiss-
ner Bolte and conducts i.a. mock trials. Hans-Peter has
a technical background in mechanical engineering.
Daniel Xavier ThomasFormer 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 me-
chanics. Having chaired several hundreds of opposition
proceedings, Daniel X. Thomas is very experienced in
oral proceedings.
Heidelberg Pre-Christmas Courses
The Heidelberg
Pre-Christmas
Courses are a
special highlight.
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 pre-Christmas flair. A tour of
one of Heidelberg’s famous Christmas markets and a
joint dinner with attendees and speakers in one of the
city’s traditional restaurants is an integral part of the
Heidelberg Pre-Christmas Courses.
Masterclass: EPO Oral Proceedings
Your Agenda
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