Abstract
The right to appeal exists as a response to the two main characteristics of every human being. The first refers to the attitude of not settling for adverse decisions, which leads people to seek instruments to remediate these decisions, while the second is the possibility that every human being has to make mistakes and the need to correct these mistakes in decision-making acts that may have been mistaken. Therefore, an appeal is an instrument that enables review of a decision by a higher authority to obtain its modification or revocation. In the patent system, appeals are used basically to reverse decisions of patent examiners during the examination procedure as, for example, the decision to reject a patent. Although all patent offices have procedures for appeal against first-instance decisions taken by these offices, there are significant differences as to how this procedure is conducted in each office. This chapter will study the laws and regulations, rules and procedures on appeals in two of the main patent offices in the world – the European Patent Office – EPO and the United States Patent and Trademark Office – USPTO, and in the Brazilian Patent Office – INPI, pointing out the main differences between them.
Highlights
The right to appeal, in general, exists in several legal systems around the world responding to the two main characteristics of every human being
The first refers to the attitude of not settling for adverse decisions, which leads people to seek instruments to remediate these decisions, while the second is the possibility that every human being has to make mistakes and the need to correct these mistakes in decision-making acts that may have been mistaken [1]
Appeals are not restricted to the reasons that led to rejection of the patent application, and the boards of appeal may broaden their examination to patentability requirements or conditions that were not discussed at first instance
Summary
The right to appeal, in general, exists in several legal systems around the world responding to the two main characteristics of every human being. An appeal is an instrument allowing for review of a decision made by a hierarchically higher instance aiming at its change or reversal. Appeals serve both as a process for correcting defective acts and as a process to find the actual and proper interpretation to a certain law or rule. Appeals are primarily used to change or reverse an adverse decision by a first-instance patent examiner upon examination of the patentability of an application This examination verifies compliance by the application with the legal provisions to become a patent. This chapter will study how appeals work in two of the main patent offices in the world, the European Patent Office – EPO and the United States Patent and Trademark Office – USPTO and in the Brazilian Patent Office – INPI, pointing out the main differences between them
Sign-in/Register to view highlights & summary Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
