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

• Miscellaneous: recordings, computer presentations

• Dos and don’ts in oral proceedings

Appearing before the Boards of Appeal

• Specific requirements of the Boards

• Preparation for the oral proceedings

• How to deal with the Boards

• Auxiliary requests

• The Rules of Procedure of the Boards – and how they may change soon

• Late-filed documents, requests and arguments

• Postponement of oral proceedings

• Case law: how important is it?

• Petitions for Review

Full-day MOCK TRIAL

• Participants will work through some real-life situations and scenarios

• Interactive, role play

• With specially prepared cases

• Under the guidance of the speakers

• Focus: accompanying persons, late filings

• Training confident behaviour before the Boards

• Practical tips on presentation

Tips and tricksyou won’t findin any book

REGISTRATION UNDER

service@forum-institut.de www.forum-institut.de Webcode 1911181

Tel. +49 6221 500-500 Fax +49 6221 500-555

REGISTRATION FORM

Yes, I will attend the Heidelberg Pre-Christmas Special

Masterclass: EPO Oral Proceedings

28 - 29 November 2019 in Amsterdam

Yes, I agree that FORUM Institut may inform me about

events by: email; and/or telephone.

I may withdraw my consent at any time.

ANY FURTHER QUESTIONS?

Jean-Claude Alexandre Ho, LL.M.

Lawyer, Conference Manager

Tel. +49 6221 500-675

jc.alexandreho@forum-institut.de

Date/Venue:

28 - 29 November 2019 in Heidelberg

Day 1: 10:00-18:00

Day 2: 09:00-17:00

Crowne Plaza Heidelberg City Centre

Kurfürsten Anlage 1 · 69115 Heidelberg

Tel. +49 6221 917-0 · Fax +49 6221 21007

Fee

€ 1,780 + 19% VAT

The fee includes course documentation as well as

midsession refreshments, lunch and social programme.

Invoice and confirmation will be forwarded to you.

CANCELLATION POLICY

Our general terms and conditions apply (as of

01.01.2016) and are available upon request. We can

send them to you anytime or you can find them on

the internet at www.forum-institut.com/t&c.

FORUM · Institut für Management GmbH I POB 105060 I 69040 Heidelberg I Germany

Name, Vorname

Position/Abteilung

Firma

Straße

PLZ/Ort/Land

Tel./Fax

E-Mail

Ansprechpartner/in im Sekretariat

Datum, Unterschrift

Masterclass: EPO Oral Proceedings Learn how OD & BoA think and what they want!

FI8

417/

0/0/

0/0/

0