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?
It may be tempting to look to a barrister to supplement the team. A barrister is a lawyer who specialises in courtroom advocacy and could be thought to bring an extra dimension to the team. However, at Potter Clarkson, this is not the only option.
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 also have in-depth knowledge of the patent prosecution, interactions with the examiner and client preferences.
At Potter Clarkson, we recognised that to get the best results at EPO oral proceedings we needed the full repertoire of advocacy skills. Accordingly, many of our patent attorneys have qualified as IP litigators having honed their adversarial skills to a higher level. The high-profile clients we have worked with over the years means that we have real-world experience of selecting, managing and working with experts who can provide critical evidence to the EPO.
We also have a litigation team of IP solicitors, and our patent attorneys work alongside them on contentious and non-contentious matters. The IP solicitor team bring a further set of skills and experience that can be applied at EPO oral proceedings.
Therefore, as we have the expertise a barrister may bring in-house, we can deliver a strong and flexible team to get that winning edge.
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