tag:blogger.com,1999:blog-5574479.post6623798436808418408..comments2024-03-28T11:16:43.146+00:00Comments on The IPKat: OHIM oppositions and quality checks: the Kats differVerónica Rodríguez Arguijohttp://www.blogger.com/profile/05763207846940036921noreply@blogger.comBlogger3125tag:blogger.com,1999:blog-5574479.post-67730444753922909812008-10-28T14:34:00.000+00:002008-10-28T14:34:00.000+00:00From Vincent O’ReillyOHIM is delighted to see this...From Vincent O’Reilly<BR/><BR/>OHIM is delighted to see this issue attracting attention. For over a year and a half results have been published quarterly on our website. Recent issues of the journals of CIPA and ITMA carried articles on the subject.<BR/><BR/>Merpel is correct to say that an error does not mean that the outcome is wrong. The Office considers a decision to be error free only when its format, content and the outcome are all in accordance with the standards the Office has established. Contrary to what is suggested by anonymous 1 and 2 OHIM is concerned about the correct motivation of decisions, including full respect of the rights of defence, being provided in clear language. The relevant issues have to be dealt with in a logical manner and the outcome must be supported by the reasoning.<BR/><BR/>A breakdown of the error rate in oppositions in the last quarter shows that 3% had format errors, 16% had content errors and in 6% the outcome was incorrect. Some decisions had more than one category of error.<BR/><BR/>I will be writing in more detail on the subject in the November issue of Alicante News. I would be pleased to address issues that arise in the discussion here.<BR/><BR/>Vincent O’Reilly<BR/>Director<BR/>Department for Industrial Property PolicyAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-55951781707165376002008-10-28T11:44:00.000+00:002008-10-28T11:44:00.000+00:00...which makes you wonder about the quality of sub......which makes you wonder about the quality of substantive examination, i.e. if they are unable to get the formal aspects right, unless this is more important to them.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-55014363093599271232008-10-28T09:59:00.000+00:002008-10-28T09:59:00.000+00:00It is worth having a closer look to the definition...It is worth having a closer look to the definition of quality. The criteria is rather formalistic stuff: use of templates, identification of g&s, identification of the legal basis, summary of the arguments of the parties, correct language, etc., but not so much the reasoning in itself and the proof of the examiner's allegations.Anonymousnoreply@blogger.com