Technology transfer webinar 29: Appeal proceedings at the JPO and the EPO

What are important differences between the appeal proceedings at the EPO and JPO?

While efforts have been made to harmonize the process of IP prosecution around the world, important differences remain that must be understood in order to achieve efficient prosecution in each jurisdiction. One such example is appeal proceedings before the EPO and JPO.

At the EPO appeal proceedings follow a rather formalistic approach and applicants have to be aware that the Boards of Appeal are very strict with respect to amendments filed during the appeal stage. Additionally, amendments to the Rules of Procedure of the Board of Appeals will enter into force on 01 January 2020, which will further contribute to the formalistic character of EPO appeal proceedings, i.e. aiming to transform the Appeal to be a mere legal review of the first instance proceedings without allowing detailed technical discussion anymore.

In Japan, the cost of Japanese appeal proceedings are quite low, frequently costing applicants less in prosecution and official fees than proceedings at the Examiner stage. Furthermore, the appeals board of the JPO is commonly considered the most patentee-friendly forum in Japan. Official statistics from the JPO give important clues on how applicants can best utilize the appeal process to most broadly and efficiently protect their inventions in Japan.

Registration deadline: 27/09/2019

What you will learn during this webinar?

The answers to the following questions will be provided during the webinar:

1. How do appeals work in both jurisdictions?
2. What should applicants know with respect to cost? The likelihood of success?
3. What are recent trends and what can be anticipated in the near future?

Speakers: Dr.sc. Robert Börner (Murgitroyd Munich Office) and Sarvajit Patil (Sonoda & Kobayashi Tokyo Office)
Moderator: Luca Escoffier, EU-Japan Technology Transfer Helpdesk
Organiser: EU-Japan Centre for Industrial Cooperation - Brussels Office