In our line of work, we speak legal and technical as well as Dutch and English. At a hearing at the European Patent Office (EPO), we have to combine these languages, because everything turns on technical and legal detail. So before a hearing, we speak your language and keep legal terms to a minimum. That way, you’ll understand exactly what’s happening on the day, even if you don’t speak patent language.
When is there a hearing?
There are generally two situations. The first is when Party A challenges the validity of Party B’s patent. For example, because Party A believes the innovation isn’t new or inventive. This is called opposition. The challenger wants the patent revoked.
The second is when your patent application risks being refused during the written procedure. The EPO may then invite us to argue the case orally. Hearings can also take place again on appeal.
Some hearings now take place by video conference, so you can follow along from your own office.
Before the hearing, we speak your language
Hearing days are stressful. A lot rides on them: whether you keep or obtain your patent. Patent attorneys need to be fully focused. Both sides get to respond to each other. Because we don’t know what the other party or the EPO will come up with, thorough preparation is crucial.
That’s why we really need our clients’ help. We make sure we understand every aspect of an innovation and know all the relevant technical and legal documents inside out. While we prepare, there’s plenty of time to explain things in plain language, such as what happens at a hearing and how the case looks.
Last chance to persuade
The hearing comes at the end of the process, and the EPO usually announces its decision at the end of the day. So everything comes down to getting our arguments across to the EPO, in its own language: legal and technical. As a patent attorney, my role is to ‘translate’ everything into the language the EPO speaks. This can be hard for you to follow, because it all happens in patent language.
Arguments and counterarguments come fast, with little time to explain in between. Surprises are common. The EPO may change its preliminary opinion on the day, or the other side may produce a document we haven’t seen. A patent attorney must respond quickly and, above all, convincingly. That’s why we prepare thoroughly, so we fully understand your technology, your innovation and your business. After all, this is the last chance before the decision. You can appeal, but it’s better (and cheaper) to win first time.
Hearing day is the exception
So on hearing day, we speak your language a little less than usual. But that’s the exception. In the run-up, we take time to discuss the strategy with you. The rest of the time, we always speak your language. No legal jargon, just clear language on a complex subject.
If you’d like to know more about what patenting can do for you, get in touch.
