Barzanò & Zanardo in Palo Alto for discussing about post grant proceeding

On 21 June 2018, a seminar organized by SVIPLA (Silicon Valley Intellectual Property Law Association) was held in Palo Alto on post-grant procedures before the US Patent Office and the European Patent Office.

The event was sponsored by the Cardinal Intellectual Property firm.

At the event Mr. Andrea Tiburzi was speaker for Barzanò & Zanardo, to discuss, in particular, the opposition and appeal procedures before the European Patent Office.

During the seminar, where the attendants had a very active part, besides explaining the procedure and the main grounds to oppose a patent before the European Patent Office, several comparisons were developed and deepened with respect to the Post Grant Proceeding (PGR) and Inter Parties Proceedings (IPR).

Among them, the following one were discussed:

  • the requirements for the admissibility to the procedures as required by the European Patent Convention and Patent Trial and Appeal Board (PTAB);
  • the estoppel institute in both procedures; and
  • finally, the differences and similarities were highlighted between the patent claim interpretation of the Opposition Division, on the basis also of the most recent case law, and by the PTAB, in the latter case in particular with respect to the recent amendments submitted by the US Patent Office (USPTO), which aligned the interpretation standard of the claims submitted to the above mentioned post-grant procedures with that of the Federal Court.

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