There was a time where appeal before the EPO could be used to revisit anything that went wrong or was omitted in opposition proceedings. Since 2003, when the Rules of Procedure of the Boards of Appeal (RPBA) were amended, the situation has changed. The Boards of Appeal, confronted with an increasing workload and with cases…

The Patent and Trial Appeal Board erred in dismissing Airbus S.A.S.’s appeal for lack of jurisdiction based on a lack of substantial new question of patentability because the Director had already ordered inter partes reexamination, according to the U.S. Court of Appeals for the Federal Circuit (Airbus S.A.S. v. Firepass Corporation, July 17, 2015, Lourie,…