Re-establishment of Rights

Re-establishment of Rights proceedings at the European Patent Office is a remedy of last resort to rectify a missed deadline. Failure to successfully re-establish a patent right represents not only a loss of the patent right but often an opportunity for financial gain. Therefore, every patent practitioner needs to know how to most effectively naviagte this remedy. For the first time, one book conveys a complete overview of more than 400 decisions of the Boards of Appeal of the EPO, including developments over the years as well as recent trends. It is a "go-to" manual for the patent practioner, where the most relevant case law for this remedy can easily be found. On top of that, it also provides critical guidance for organizing a patent law firm or patent department to both minimize the risk of missing a term and maximize the probability that a request for restoration will be successful.

This book systematically organizes the jurisprudence of the Boards of Appeal by various scenarios and the specifc demands of restoration proceedings, in particular according to the topics:

• Requirements for re-establishment
• Establishing a file
• Calculation of Terms
• Docketing terms and Cross-Check
• File management Software
• New staff member
• Office mail
• Correspondence by email
• The "true intention" of the client · Reminders - when and how many?
• Renewal fees - what to do, if not in charge of?
• Necessary information to other law firms

The book also contains samples for the structure and content of a request for re-establishment of rights for various specific situations, and a detailed check-list for the organization of a patent law firm or patent department.