tag:blogger.com,1999:blog-2352189175211648260.post8530270090822291790..comments2023-10-24T14:45:41.342+02:00Comments on K’s Law: Looking Back On 2012 (Part 2)orhttp://www.blogger.com/profile/07992102028406713066noreply@blogger.comBlogger4125tag:blogger.com,1999:blog-2352189175211648260.post-75110455690130227202013-05-26T21:16:31.313+02:002013-05-26T21:16:31.313+02:00@ Roufousse
Sorry, I was in a place without Inte...@ Roufousse<br /> <br />Sorry, I was in a place without Internet this weekend (a very commendable practice). My data were collected by myself on the DG3 website. There are some stillborn cases; the Boards do publish decisions on cases where no statement of appeal was filed in time, and at least once I have seen a decision where the appeal was deemed not to have been filed (I guess it was a decision refusing restitutio). I doubt that the Boards issue decisions when the appeal is withdrawn.<br /><br />So far I have not looked at overall durations, but I agree that the average duration is of interest. I will see what I can squeeze out of my set of data.<br /> <br /> <br />I do not completely agree with the dude that 'except for some information it is hard to conclude'. I think that the above data contain some very interesting information. They are also highly consistent with what I had found in an earlier survey, performed on a much smaller set of data. I have not always drawn all possible conclusions because I think my readers should do some of the thinking themselves. He who has ears to hear, let him hear, as my boss once said.oliverhttp://k-slaw.blogspot.comnoreply@blogger.comtag:blogger.com,1999:blog-2352189175211648260.post-17470264790403878612013-05-26T10:21:31.934+02:002013-05-26T10:21:31.934+02:00Thanks for the work done Oliver!which obviously te...Thanks for the work done Oliver!which obviously teaches that except for some information it's hard to conclude. <br />that's why i am axiously waiting for the results of the complementary study that "grumpy"(comment 1) will soon conduct as recommended in comment 2.the dudenoreply@blogger.comtag:blogger.com,1999:blog-2352189175211648260.post-86056371922616758732013-05-26T09:18:04.477+02:002013-05-26T09:18:04.477+02:00I think it was said that these numbers concern act...I think it was said that these numbers concern actual decisions, meaning that no "stillborn" cases are included. From what I see, the boards are now mainly dealing with 2010/2011 cases, so appeals filed two to three years ago. Which means one to two years after the written arguments have been filed. If the parties do not enter into an endless written "conversation", which seems to happen more and more often, from what I see. And depending on the board, obviously. <br />There may be cases that get priority, e.g. if a patent was revoked or refused for a formality, e.g. Art.123(2). Then it is likely to be sent back for further proceedings or finally refused/revoked. Or if OP are canceled, the boards will try to fill the gap with another case, which may be a recent one. <br />Also cases may be very much delayed by actions of the parties, such as accusations of bias, not being impartial, requesting a change of composition of the board. Or by requesting postponement of the OP. Or by consuming valuable board time in some way for rather useless things. Considering that in some boards summons for OP are sent half a year in advance, postponing the OP may mean half a year delay. <br />So many, many factors influence the time it takes from the filing of the appeal to the issue of the written decision. There is an average, I suppose, but that may well not apply to the case at hand. <br />BTW, fairfly, all the cases are public, with all the details given. So why not look into that kind of thing yourself, when it interests you? Then you may restrict yurself to the field of your particular interest, obtaining more relevant information. Anonynoreply@blogger.comtag:blogger.com,1999:blog-2352189175211648260.post-72100456631720939332013-05-25T20:32:09.181+02:002013-05-25T20:32:09.181+02:00Oliver,
Where does your data set come from?
Did...Oliver,<br /><br />Where does your data set come from? <br /><br />Did you assemble it manually during countless hours of reading decisions (in that case: WOW! and that would be in addition to translating them for an almost daily posting)?<br /><br />Or are these data available in a predigested form from the EPO?<br /><br />Does your set include "stillborn" cases? (e.g.: appeal fee not paid in time, grounds not filed, appeal withdrawn)<br /><br />I would be curious about the distribution of the duration of proceedings, i.e., how many months/years elapse between the expiry of the Art. 108 deadline and/or the "Verkündung" of the decision during an OP, and the publication of the decision. Did you look into that?Roufousse T. Fairflynoreply@blogger.com