Auxiliary Requests

Auxiliary requests can be filed in addition to the main request in proceedings before the DPMA and the EPO and before the courts. An auxiliary request is a request that is filed under the condition that the main request is not being granted. During grant proceedings, this often involves a request for a hearing/oral proceedings if the submitted claims are not deemed patentable. In opposition proceedings and nullity proceedings, different versions of claims are regularly filed as auxiliary requests to maintain different fallback positions in the course of the proceedings.