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Auxiliary Requests at the EPO

— Speakers: Martin Jackson, Amanda Simons

A unique feature of pre- and post- grant procedures at the European Patent Office is the ability to file auxiliary requests. An auxiliary request is an auxiliary claim set which is filed at the same time as the main claims which are being pursued. The auxiliary request is only considered if the EPO deem the main request claims to be unallowable. Auxiliary requests may be filed during the written examination or opposition procedure, and it is standard practice to file auxiliary requests immediately before oral proceedings. Auxiliary requests can also be filed under special circumstances during oral proceedings. There are many rules to navigate as to what an auxiliary request may relate to, when an auxiliary request may be filed, how many auxiliary requests can be filed, admissibility of auxiliary requests etc. This webinar will examine what an auxiliary request is and when filing an auxiliary request should be considered as well as exploring tactical considerations relating to preparing and filing of auxiliary requests.

Topics include:

  • When can you file an auxiliary request
  • Timing of filing auxiliary requests
  • Number of auxiliary requests
  • Tactics relating to which auxiliary requests to file and when
  • Admissibility of auxiliary requests