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?
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 may also have in-depth knowledge of the patent prosecution, interactions with the examiner, and client preferences. Therefore, in the vast majority of oral proceedings, they will be the ideal advocate. However, when winning is a must, a barrister, with their very particular set of skills, may be the difference between winning and a compromise or worse.
A barrister is a lawyer who specialises in courtroom advocacy. Barristers are experts at articulating arguments clearly and convincingly. Due to their specialised role and distinct skills, they can present the case in the most persuasive way. The majority of EPO hearings are conducted by patent attorneys, and the difference in style that a barrister can bring may give you that edge.
The combination of a patent attorney, with their knowledge of the EPO and procedure, alongside a barrister, with their flair for presenting highly convincing arguments, can be a formidable team.
Potter Clarkson has experience working with barristers at the EPO, and our litigation and licensing team regularly consults with and engages barristers. We can therefore help suggest the right barrister for the case to get that winning edge.
