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What Data-Driven Patent Prosecution Looks Like

When your EP patent application reaches a critical stage, such as Oral Proceedings before the Examining Division at the European Patent Office (EPO), you really need to evaluate your next steps.

 If you didn’t succeed in writing, why will you be able to convince the Examining Division during Oral Proceedings? For patent applications that protect core inventions, will you simply conclude that you “just have to go and try”? How do you justify the cost? 

Some Examiners explicitly tell the Patent Attorney that there is no point in conducting the oral proceedings and please just go ahead an appeal. It sounds more formal when the Examiner says it (see below), but the message is the same.

The problem is that not all EP patent attorneys are data-driven, so they do not know how to put such a statement into perspective. If a statement like the one below comes from a Marvel-type Examiner (see the full report), your best option might be to do exactly what the Examiner says. 

In our latest article we explore above topic and also conduct a portfolio analysis of a leading telecom company and its performance before the EPO for EP Applications including Oral Proceedings (See below chart; details in the article).

Access the full article here.

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What Data-Driven Patent Prosecution Looks Like

When your EP patent application reaches a critical stage, such as Oral Proceedings before the Examining Division at the European Patent Office (EPO), you really need to evaluate your next steps.  If you didn’t succeed in writing, why will you be able to convince the Examining Division during Oral Proceedings? For patent applications that protect […]

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Is ViCo Really Impacting Opposition Decisions?

Videoconference (ViCo) anyone? The mere mention of this term around a group of European patent professionals these days will likely ignite fierce debate, with parties that are strongly for or strongly against the use of ViCo for mandatory oral proceedings at the EPO. There seems to be no middle ground. Of course, the background to […]

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