Non-ProZ.com May 3, 2004:

I stand corrected! http://legal.european-patent-office.org/dg3/pdf/t990332eu1.p...
Many thanks to EdithK for her follow up with reference to my question regarding Hilfs- vs. Hauptantrag in German patent practice. It appears that Edith is completely correct in her response Hilfsantrag = Auxiliary Request and Hauptantrag = Main Request. My own research and the references Edith provided confirm her expertise and reliability [AGAIN] in matters patentese!

Thank you,

Harold

Edith Kelly May 3, 2004:

By the way, Hauptantrag is main request.

Edith Kelly May 3, 2004:

legal.european-patent-office.org/ dg3/pdf/t030650eu1.pdf
www.frankbdehn.com/library/euoppro.pdf

Harold, this has nothing to do with Hilf or assistance, this happens to be the terminus technicus, believe me after 17 years EPO. This is patent language

Non-ProZ.com May 3, 2004:

"Hilfs-" has 0 to do with Auxiliary Thank you all for your responses but "auxiliary" comes from the root "to help or assist"; Certainly, "Hilfs-" does imply "help or assistance or auxiliary" but I think that the sense here is not one of helping. This is an Opposition, a case of litigation, wherein motions or applications are made. The time is no more for "requests" as such. Motions or applications are made for the consideration of the tribunal or judge. The situation here is that the bringer of the opposition is demanding REVOCATION of a granted patent; the current patentee is trying, through its "Hilfsantr�ge" to amend its claims so that they are acceptable to the court and so that by amending its claims, it can keep its patent. There are "subsidiary motions" and "subsidiary applications". My question, then, is: which EN term is in current use in US patent practice? In UK patent practice?

Thanks very much!

Harold