Oral proceedings at the EPO may be conducted before the
Examining Division, the Opposition Division, or the Boards of
Appeal. At any of those procedural stages, getting a good result is
always important, but at times it is business-critical. What can be
done to get that winning edge when it is really
needed?
An experienced patent attorney can provide excellent
representation before the EPO. They live in the world of IP and
should have a firm grasp of EPO case law, the procedure before the
relevant division, and the strategic experience to construct a case
and be prepared for the future stages. They may also have in-depth
knowledge of the patent prosecution, interactions with the
examiner, and client preferences. Therefore, in the vast majority
of oral proceedings, they will be the ideal advocate. However, when
winning is a must, a barrister, with their very particular set of
skills, may be the difference between winning and a compromise or
worse.
