“Right to Be Heard in Patent Examination Appeal”
IIC - International Review of Intellectual Property and Competition Law ,
Mar 2013
Decision of the Intellectual Property High Court 4 October 2011
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“Right to Be Heard in Patent Examination Appeal”
Patent Act
0
Secs.
0
- Haier Group v. The Commissioner of the Patent Office
0
0
Max Planck Institute for Intellectual Property and Competition Law
,
Munich 2013
-
In the case where amendments for the purpose of restricting the scope of claims
were made on appeal against a refusal of the application, and the appeal board
denies inventive step of the amended claims based on newly introduced prior
art, the appeal board prior to issuing a decision should notify the appellant of
the reasons for rejection and give him an additional opportunity to make
amendments and to submit a written opinion in order to comply with due
process at the stage of patent examination. Where no such opportunity has been
given, the decision is procedurally flawed and must be set aside.
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This is a preview of a remote PDF: http://link.springer.com/content/pdf/10.1007%2Fs40319-013-0030-9.pdf
Decision of the Intellectual Property High Court 4 October 2011.
“Right to Be Heard in Patent Examination Appeal” ,
IIC - International Review of Intellectual Property and Competition Law,
2013, pp. 241, Volume 44, Issue 2, DOI: 10.1007/s40319-013-0030-9