Appeal Proceedings before the European Patent Office

Marcus O. Müller, Chairman of Board of Appeal 3.3.02, European Patent Office, Munich/Haar, Germany and Cees A.M. Mulder, European Patent Attorney and Professor emeritus of European Patent Law in a Global Context, Maastricht University, the Netherlands

• ContentsAbout the authorsPreface1 Introduction 2 Overview of examination and opposition proceedings 3 General aspects of appeals 4 Timeline of appeal proceedings 5 How to draft submissions in appeal proceedings6 Admissibility of the appeal 7 Admittance of submissions in appeal 8 Oral proceedings before the boards 9 The prohibition of reformatio in peius 10 Specific aspects of ex parte appeals 11 Intervention 12 Third-party observations 13 Acceleration of appeal proceedings14 Decisions in appeals 15 Termination of appeal proceedings16 Apportionment of costs 17 Reimbursement of the appeal fee 18 Petition for review Annex

‘This new work by the experienced team of Marcus Müller and Cees Mulder bridges the judicial insight of a Board chairman with the academic expertise of a seasoned educator. Together, they offer both a procedural guide and a practical toolkit grounded in the realities of everyday Board practice. The book excels at distilling complex procedural mechanisms into clear, well-structured chapters supported by visual aids, case examples, and relevant practitioner tips—such as guidance on drafting appeal submissions. Its three-tiered approach—integrating theory, examples, and practical advice—makes it uniquely valuable for both day-to-day practice and strategic case preparation. Especially useful are the detailed compendium on the admissibility regime for late submissions under the RPBA 2020 and the practical guidance on presenting at hearings. Whether you are a patent attorney working on an appeal, a candidate aiming to master the EQE framework, or a patent owner seeking to defend your hard-earned patent rights, this book will prove an invaluable companion.’