Journal of Intellectual Property (J Intellect Property; JIP)

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pISSN 1975-5945
eISSN 2733-8487
Research Article

Juridical Practice Concerning the Interpretation of the Right to Oral Proceedings in the European Patent Convention: Focusing on Whether the Right to Oral Proceedings is Violated and Suggestions on How to Protect the Right

Research Fellow, Korea Intellectual Property Protection Agency, Republic of Korea

Correspondence to Jinyup Kim, E-mail: kjy3751@hanmail.net

Volume 20, Number 3, Pages 79-103, September 2025.
Journal of Intellectual Property 2025;20(3):79-103. https://doi.org/10.34122/jip.2025.20.3.79
Received on May 31, 2025, Revised on June 03, 2025, Accepted on August 27, 2025, Published on September 30, 2025.
Copyright © 2025 Korea Institute of Intellectual Property.
This is an Open Access article distributed under the terms of the Creative Commons Attribution-NonCommercial-NoDerivatives (https://creativecommons.org/licenses/by-nc-nd/4.0/) which permits use, distribution and reproduction in any medium, provided that the article is properly cited, the use is non-commercial and no modifications or adaptations are made.

Abstract

The right to a fair trial, a fundamental right, has long been regarded essential to protect other human rights. It has been codified in treaties in international human rights law and international criminal law, making it almost universal right in international law. Attempting to analyze the application and interpretation of the right in practice, this article focuses on the rulings of the European Patent Office Board of Appeals mainly because they recognize the limitation of the right while its absolute nature was affirmed. By analyzing the relevant regulations and rulings (or, legislative practice and jurisprudence), this article explores its implications (for international law) by focusing on the main findings of the jurisprudence and whether the right was violated. Finally, this article suggests introducing the interim procedure found in the Agreement on the Unified Patent Court as a means to provide European patent proprietors with more opportunities to make their cases orally.

Keywords

Right to a fair trial, European Patent Office Legal Board of Appeal, Right to oral proceeding, European Patent Convention, Interim procedure

Notes

Conflicts of Interest

No potential conflict of interest relevant to this article was reported.

Funding

The author received manuscript fees for this article from Korea Institute of Intellectual Property.

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