Books by EPO experts

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2020

Overview of the Appeal Proceedings according to the EPC / Überblick über das Beschwerdeverfahren nach dem EPÜ / Aperçu sur la procédure de recours selon la CBE

Authors: Hugo Meinders, Philipp Lanz, Gérard Weiss
Language: English, German and French
Issued by Kluwer Law International (third edition; 2020)
ISBN 978 9 4035208 5 8

About the book

This book delivers a clear overview of appeal proceedings and includes the most recent Rules of Procedure of the Boards of Appeal and of the Enlarged Boards of Appeal. It delves deeper into the requirements of filing of an appeal, underlines possible Board actions, and covers topics such as treatment of late filings, oral proceeding conduct and the issuing of decisions.

Overview of the Appeal Proceedings according to the EPC / Überblick über das Beschwerdeverfahren nach dem EPÜ / Aperçu sur la procédure de recours selon la CBE has been written in the EPO’s three official languages, English, German and French, providing a multi-lingual and up-to-date guide on current important issues related to proceedings before the Boards of Appeal.

About the authors

Hugo Meinders is a former Chairman of a Technical Board of Appeal and former regular technically qualified member of the Enlarged Board of Appeal. He has sat the European Qualifying Examination (EQE) and is a European and Dutch patent attorney. Meinders tutors EQE candidates through the Centre for International Intellectual Property Studies (CEIPI) and is co-author of C-Book – How to write a successful opposition and pass paper C.

Philipp Lanz is a technically qualified member of the Boards of Appeal. During his career, he has worked in industry and spent several years as a patent examiner at the EPO. Prior to his Board appointment, Lanz was a member of an EQE examination committee. He studied plastics engineering before successfully sitting the EQE.

Gérard Weiss is a former legally qualified member of the Boards of Appeal, Enlarged Board of Appeal and Disciplinary Board of Appeal. He works with CEIPI in tutoring EQE candidates and is the co-author of Weiss/Ungler, Die europäische Patentanmeldung und der PCT in Frage und Antwort.

Proceedings Before the European Patent Office - A Practical Guide to Success in Opposition and Appeal Proceedings Before the European Patent Office - A Practical Guide to Success in Opposition and Appeal

Authors: Marcus O. Müller and Cees A. M. Mulder
Language: English
Issued by Edward Elgar Publishing (second edition; 2020; 256 pages)
ISBN 978 1 78811 533 9

About the book

This book provides readers with a better understanding of how the EPO's opposition divisions and boards of appeal approach the cases before them. It discusses a number of important issues, including:

  • how to draft and prosecute patent applications to avoid problems later on in opposition and appeal
  • how to attack or defend a patent
  • how to react if your patent is amended
  • how to argue in case of late filings
  • how to act in oral proceedings

The book has been thoroughly updated in light of, among others, the revised Rules of Procedure which entered into force in January 2020.

In addition to explanations of the procedural and substantive issues arising at different stages, the book contains lots of practical advice and examples to illustrate the strategic choices needed to be successful in proceedings before the European Patent Office.

About the authors 

Marcus Müller is the chairman of Board of Appeal 3.3.02 and a member of the Enlarged Board of Appeal at the European Patent Office. He worked in the patent department of Akzo Nobel in the Netherlands for more than three years and qualified as a European patent attorney in 2001. He then worked for nine years as a patent examiner in search and substantive examination at the European Patent Office before being appointed a member of the Boards of Appeal in 2010. He has worked as an instructor on the opposition course for examiners, a tutor for patent attorney candidates in the "Praktika Intern" internship programme and a member of the examination committee for paper C of the European qualifying examination. Since 2013, he has lectured at various seminars and conferences, including a series of opposition and appeal seminars across Europe, and various case law conferences of the Boards of Appeal. He was also actively involved in the revision of the Rules of Procedure of the Boards of Appeal.

Cees Mulder is a European patent attorney and professor of European Patent Law in a Global Context (Faculty of Law, Maastricht University). He was one of the founding partners of DeltaPatents, where he worked from 2001 to 2009. Between 2009 and 2018, he was vice-director of the advanced master's in Intellectual Property Law and Knowledge Management at Maastricht University. Cees is a senior lecturer in courses and seminars on the European Patent Convention, the Patent Cooperation Treaty, the Paris Convention and the Patent Law Treaty. Together with Marcus Müller, he has lectured at opposition and appeal seminars Europe-wide. Since 2003, Cees has been responsible for compiling the annual update of The Cross-Referenced Patent Cooperation Treaty.

2019

Winning with IP coverWinning with IP - Managing Intellectual Property Today

Edited by Adam Jolly, 2019.
ISBN: 978-1-9998329-6-4
Language: English

About the book

Drawing on the knowledge and experience of 24 top-level IP experts, including the innovation support team at the EPO, this book reports on how IP is being used to create tech solutions, pick up the latest thinking, take a competitive lead, negotiate the best deal, knock back any challengers and open up a path to breakthrough growth. Two chapters re-visit and update the EPO's SME case studies (2017).

About the author

The EPO's Thomas Bereuter co-authored a chapter of this book. Thomas manages innovation support at the European Patent Academy and has 20 years' experience of the international commercialisation of early-stage technologies.

Europäisches Patentübereinkommen (EPÜ), Kommentar, 8. Auflage 2019Europäisches Patentübereinkommen (EPÜ), Kommentar, 8. Auflage 2019

Contributors: Kristina Julia Almer*, Fritz Blumer*, Frédéric Bostedt*, Tobias Bremi, Christopher Brückner, Lukas Bühler*, Christian Haugg*, Reinoud Hesper*, Simon Klopschinski, Jürgen Kroher, Hans Peter Kunz-Hallstein, Albert K. Lindner*, Stefan Luginbühl*, Christof Mathoi*, Monika Neumann*, Cécile Plouard*, Yvonne Podbielski*, Daniel Preller*, Tilman Quarch*, Marko Schauwecker*, Petra Schmitz*, Dieter Stauder, Stefan V. Steinbrener*, Rudolf Teschemacher*, Gérard Weiss*, Dominik Zimmermann*.
Editors: Dieter Stauder and Stefan Luginbühl, founded by Romuald Singer and Margarete Singer, 8th Edition, 2019.
ISBN 978-3-452-29232-2
Language: German

About the book

The eighth edition of ‘Singer-Stauder’ is the most approved and complete commentary on the European Patent Convention, including the PCT procedures before the EPO and an introduction to the unitary patent. It provides clear and concise expert explanations and overviews of the structures and terms of the EPC and PCT. The book deals with both everyday and specific questions on the application of the EPC and PCT, and is an invaluable aid for patent attorneys, lawyers and judges alike. The book includes contributions from EPO staff, lawyers and patent attorneys. It concisely and expertly explains the principles of the law and addresses many questions referred to and decided by the Boards of Appeal and the courts of the member states. This commentary is available in print and electronic form. With a total of over 25 000 cross-references as hypertext links, the electronic version allows for quick navigation within the commentary and facilitates access to cited, published and unpublished decisions of the Boards of Appeal and the national courts.

About the Authors

Twenty* of the contributors work or have worked at the EPO as lawyers, patent examiners, or as (chair)members of the Boards of Appeal.


2018

Key to the EPCKey to the EPC 2018

by Stephan C. Fritz, Elisabeth K. Grünbeck and Ali Hijazi, 2018
ISBN: 978-3-945863-10-7
Languages: English, French and German

About the book

It is becoming increasingly difficult for users of the European Patent Convention (EPC) to locate relevant decisions of the boards of appeal. The Key to the EPC seeks to find a solution to this by making it easier to find and stay up to date on new decisions in the EPO's three official languages.

The decisions are assigned to specific key words from the EPC. When many decisions are assigned to a certain key word, the key word is then further subdivided into additional themes and sub-themes. A theme index is supplied in an appendix to help you locate themes which are not directly obvious from the key word itself.

This basic principle can easily be transferred to many data collections, making it especially suitable for implementation in electronic media. The Key to the EPC is available as an eBook and is updated every year in all three languages. It is targeted at patent lawyers, patent assessors, qualified representatives, experts in patent departments and patent offices as well as candidates for the European qualifying examination (EQE).

About the authors

Stephan Fritz joined the EPO at The Hague in 1987. He has passed the EQE, and is now active in various technical divisions in Berlin, on the EPO's Appeals Committee and on the Committee on Patent Law. He also gives patent law training and advice..

Ali Hijazi joined the EPO in Berlin in 1996. He has passed the EQE and now works in Munich in search, examination and opposition in the field of electrical measurements.

2016

PCT ProceduresPCT Procedures and Passage into the European Phase, third Edition

by Peter Watchorn and Andrea Veronese, 2016.
ISBN: 978-3-945296-37-0
Language: English

About the book

With the importance of the Patent Co-operation Treaty (PCT) in the training of worldwide patent professionals on the increase, PCT Procedures and Passage into the European Phase is an invaluable book. It provides patent agents with the information they need to process applications via the PCT into the European regional phase and to overcome the difficulties encountered along the way. It is also intended for students studying for the European Qualifying Examination (EQE). By collecting in one place all relevant legal provisions relating to one subject and weaving them into one consistent procedure, the authors provide a solid reference book for patent professionals working with the complex Patent Co-operation Treaty.

About the authors

Andrea Veronese joined the EPO as a search and substantive examiner for pure and applied organic chemistry in 1997. He received a diploma in patents in Strasbourg in 2001 and passed the EQE in 2004. He is co-author of eleven scientific publications in the field of chemistry and pharmaceuticals.

Peter Watchorn has been working at the EPO since 1989. He passed the European Qualifying Examination (EQE) in 1997. Currently he divides his time between working as a search and substantive patent examiner in the organic chemistry field, and working for the directorate Practice and Procedure giving legal advice.


2013

Procedural law under the EPC-2000

by Andrea Veronese and Peter Watchorn, 2013
ISBN-13: 978-3-941951-70-9
Language: English

EPC 2000 3rd edition cover (JPG)About the book

In the year 2000 the European Patent Convention (EPC) was updated at a diplomatic conference in Munich; the amendments came into force in November 2007. The far-reaching changes resulted in a major shift in how the EPO operates from a legal point of view. Procedural law under the EPC 2000 is intended to be a reference book for patent professionals working with the EPC and for candidates studying for the European Qualifying Examination (EQE). Written in a practical way, the book thoroughly and systematically deals with topics ranging from processing an application to submitting appeals. It helps fit all these smaller parts into the bigger legal picture. This third edition has been fully updated to all of the most recent legal changes since the publication of the second edition in 2011, including the re-organisation of the EPO Guidelines, the new procedures for grant (amended Rule 71 and new Rule 71a), the new sanction for failure to translate the priority on request (the amendments to Rule 53(3) ) and the latest decisions of the Boards of Appeal, in particular the Enlarged Board of Appeal.

About the authors

Andrea Veronese joined the EPO as a search and substantive examiner for pure and applied organic chemistry in 1997. He received a diploma in patents in Strasbourg in 2001 and passed the EQE in 2004. He is co-author of eleven scientific publications in the field of chemistry and pharmaceuticals.

Peter Watchorn has been working at the EPO since 1989. He passed the European Qualifying Examination (EQE) in 1997. Currently he divides his time between working as a search and substantive patent examiner in the organic chemistry field, and working for the Directorate International Legal Affairs (PCT team).


2012

Legal Validity as a Worldwide Quality Standard for Patent Offices 

by Christoph Laub, 2012
ISBN 978-3-452-27831-9
Language : English

About the book

A concept for systematic analysis of patent validity related jurisprudence with a special focus on the European Patent System.Laub cover book (JPG)

The boards of appeal and patent courts of the world's leading patent systems annually pass judgement in more than 12,000 cases originating from decisions made at the first instance. These judgements constitute a statistically significant resource of final opinions relating to the quality of the work of the legal authorities and the patent attorney profession, but one that has so far not been systematically exploited by the patent offices. Based on the analysis of 2,300 appeal decisions, the present work shows a systematic method for efficient legal analysis of large numbers of second instance judgments, providing a way to express the validity of the contested decisions in quantitative terms. The methodology developed allows the teaching of the judgement to be studied ex-ante with reference to the subject and wording of the disputed decision.

The present thesis shows that the legal theories and principles developed can be equally applied to comparative legal validity studies amongst the Chinese, German, Japanese, Korean and US-American patent systems.

About the author

Christoph Laub is an examiner in the field of computer implemented inventions (CII). Holding a LL.M. degree and a doctorate in law, he has developed a natural interest in legal policy and the empirical analysis of IP related issues. The approach developed in his book has been extensively tested and optimised by the author while working as a project manager for the Principle Directorate Quality Management. Christoph is also author of several articles related to CII patentability and patent validity.


2011

European Patent Law - Towards a Uniform Interpretationuniform patent (JPG)

by Stefan Luginbuehl, 2011
ISBN: 9781849801058
Language: English

About the book

Due to the lack of a European patent court, both EPO and national judges rule on the enforcement of European patents and European patent law. This results in varying interpretations across Europe and costly litigation for patent holders. In his book Stefan Luginbuehl critically examines the most recent efforts to establish a common European and EU patent litigation system. The detailed study also suggests possible alternatives to such a system. Luginbuehl’s clear and comprehensive proposals to promote a uniform interpretation of patent law are timely and highly insightful.

About the author

Stefan Luginbuehl, Ph.D (Utrecht), lawyer, works in the directorate International Legal Affairs where he is inter alia dealing with the developments of the European patent system, with emphasis on the uniform patent litigation system and the unitary patent. He has participated in several diplomatic and intergovernmental conferences on the reform of the European patent system and the international litigation system, and is the author of several articles on patent related subjects, in particular patent litigation.

2010

Patent Law for Computer Scientists cover (JPG)Patent Law for Computer Scientists: Steps to Protect Computer-Implemented Inventions

by Daniel Closa, Alex Gardiner, Falk Giemsa and Jörg Machek, 2010.
ISBN: 3642050778
Language: English

About the book

Computer-related inventions are treated differently by the major patent offices in the US (USPTO), Japan (JPO), and Europe (EPO). With this in mind, the authors, who between them have more than 70 years experience in the patent business, start their book with a thorough introduction to patent laws and practices. They then delve into related intellectual property rights, and explain procedures at the USPTO, JPO and EPO, particularly regarding software or computers. They present a large set of real-world-example case studies from areas including business methods, databases, graphical user interfaces and digital rights management. Patent Law for Computer Scientists provides a guide to the way a patent examiner thinks, helping to prepare the first steps towards a successful patent application.

About the authors

Daniel Closa joined the EPO as an examiner in 1987. He specialised in opposition procedures, and passed the European Qualifying Examination for patent attorneys in 1998.

Alex Gardiner joined the EPO in 1990, where he has developed new working practices and procedures and trained examiners at all EPO sites.

Falk Giemsa joined the EPO as an examiner in 2002. He works in the fields of business methods and educational and demonstration appliances.


Abenteuer Innovation cover (JPG)Abenteuer Innovation - Von der zündenden Idee zum erfolgreichen Produkt

by Wolfram Meyer and Manfred Cassens, 2010.
ISBN: 9783821857244
Language: German

About the book

Abenteuer Innovation shows a hands-on approach to starting up a business, how to generate capital and how to avoid the traps with a start-up company. Having an idea with potential is only the first step to the actual start-up. Abenteuer Innovation aims to give founders a roadmap to success on a minimal budget. Using successful and oft lauded examples the authors show how to create a success story even with little capital. An introduction to the business plan, research options and other helpful suggestions help readers to optimise their ideas for production.

About the author

Wolfram Meyer studied chemistry, and completed his PhD in cellular biology at the Basel Institute for Immunology Hoffmann LaRoche. He has been with the European Patent Office since 1998, where he has worked as a patent examiner and project leader on different EPO projects.


Von Der Idee Zum Patent - Für Dummies

by Alexander Rapp, 2010.
ISBN: 3527705007
Language: German

About the book

Knowing the ins and outs of patenting as an inventor is not always straight forward. There are, for example, the issues of financing and patent law to take into consideration when submitting a patent application. In his book Von Der Idee Zum Patent Für Dummies Alexander Rapp shows inventors how to work systematically, how to evaluate ideas, how to then realise these ideas and, finally, how to put the invention to the acid test. He also explains the difference between a patent and German utility models, and how to best protect an invention. Finally, he gives suggestions about how to turn innovative intellectual ideas into money.

About the author

Alexander Rapp, an examiner in Human Necessities at the EPO, has always been a techie freak. Starting out with jig saws, he then moved on to soldering irons and finally turned to computers to broaden his technical horizons. Rapp first learned about intellectual property rights during his physics studies whilst working for a patent attorney's office and advising inventors.

C-Book How to write a successful opposition and pass paper C of the European Qualifying ExaminationC book (JPG)

Edited by William E. Chandler and Hugo Meinders, 5th Edition, 2016
ISBN: 978-3-452-27363-5
Language: English

About the book

This book, now in its 5th edition, is a practical guide for candidates on how to tackle opposition paper C of the European Qualifying Examination (EQE). It also provides qualified European patent attorneys with useful information on how to write or defend against an opposition, particularly the general practice at the EPO regarding the analysis of documents and possible approaches for drafting novelty and inventive step objections.

The book deals with the issues of time-management, claim and document analysis, choosing the correct attacks and argumentation required in the context of two alternative methods for solving paper C. Other chapters explore the important topics of priority, interpretation, state of the art, inventive step, added subject-matter and ranges. There are references to relevant legal sources and explanations of the topics from the point of view of opposition/paper C, and examples from past papers are also given. Finally, it includes a chapter on how to interpret an examiner's report and how to assess one's own exercise paper.

About the editors

Bill Chandler joined the EPO in Munich as a substantive examiner in 1989, and was appointed as a technically qualified member of an electricity board of appeal in 2003 and a chairman in 2016. He studied physics and electronics at the University of Oxford, and worked for the British Broadcasting Corporation as a chartered engineer, designing broadcasting equipment. He passed the EQE in 1998 and is active as a tutor in the CEIPI EQE paper C courses.

Hugo Meinders joined the EPO as a search examiner in Rijswijk in 1985 and transferred to Munich in 1990. He was appointed to the boards of appeal as a technically qualified member in 1999, and appointed chairman of the chemistry board of appeal in 2005. He studied mechanical engineering at the Delft University of Technology and law at Rotterdam Erasmus University, and worked for the Netherlands ministry of agriculture. He passed the EQE in 1995 and is active as a tutor in the CEIPI EQE paper C courses.


2008

Patentrecherche und Internet cover (JPG)Patentrecherche und Internet

by Ernst Bendl and Georg Weber, 2008.
ISBN: 3452249271
Language: German

About the book

Patentrecherche und Internet presents the most important sources of information for free patent searching on the World Wide Web. The authors explain how to use search tools such as key words, classification and reference-hunting as well as how to use them most efficiently for searches on the Internet. They also give tips on planning, procedure and documentation of searches. Starting with a short introduction to the patent system and the internet, they also provide a comprehensive glossary of common technical terms. The book also includes a webpage with the most important web addresses, regular updates and news on patent searching on the Web.

About the authors

Ernst Bendl started his career as an examiner at the European Patent Office in various fields of chemistry. He became a specialist in the training of search and substantive examination tasks, was entrusted with the design of a new training concept and was in charge of the office-wide training of patent examiners at EPO. In 2008 he was appointed a member of the Boards of Appeal.

Georg Weber began his career at the European Patent Office (EPO) as an examiner in the technical field of food chemistry, pharmaceuticals and cosmetics but also agriculture, mining and general process engineering. In 2003 he became director of a department for biomedical engineering. Since 2005 has been a director in the Telecommunication field.


Kommentar zum EPÜ 2000 Kommentar EPU (JPG)

by Hansjörg Kley and Harald Gundlach, 2008
Loose-leaf booklet, updated twice per year, or
e-book, updated four times per year
ISBN: 978-3-9812141-2-3
Language: German

Kommentar zum EPÜ 2000 comprises the revised version of the European Patent Convention, the EPC 2000. It includes the actual legal basis in compact form: articles and related implementation rules, corresponding decisions of the European Patent Office's President and relevant notices of the EPO, completed by references to the Official Journal, the Guidelines of the EPO, the Rules relating to Fees and case law of the boards of appeal. Annotations are based on the experience of the authors as representatives and tutors.

It provides the skilled person, candidates of the European Qualifying Examination (EQE) and professional representatives before the EPO, with a quick and complete overview of the legal situation, offering relevant and up-to-date answers to questions. It is a reliable working aid for written exchange, oral proceedings and the EQE. The e-book includes more than 10000 links, facilitating easy access to the cited official pages of the EPO and the WIPO.

About the author

The book is co-authored by Harald Gundlach, who joined the EPO in 2001. A qualified European patent attorney, Harald works as an examiner and team manager. He is also active as a CEIPI tutor.

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