EPLAW PATENT BLOG

EPO – Biological inventions / Administrative Council overrules the EBA

Posted: July 3rd, 2017

Biological inventions – protection of the products of essentially biological processes – Administrative Council overrules the Enlarged Board of Appeal – Decision CA/D 6/17 In its decision G 2/12 – Broccoli II (OJ EPO 2016, A27), the Enlarged Board of Appeal decided that product claims directed to plants or plant material are not excluded from […]

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EPO – EPO issues statement on plant and animal patents

Posted: June 30th, 2017

EPO clarifies practice in the area of plant and animal patents, EPO Statement, 29 June 2017 “On a proposal of the European Patent Office its Administrative Council took a decision to amend the relevant Regulations in order to exclude from patentability plants and animals exclusively obtained by an essentially biological breeding process. “The proposal from […]

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EPO – Exercise of the right of priority by the successor in title – requirements of a valid transfer

Posted: March 28th, 2017

European Patent Office, Technical Board of Appeal 3.2.05, T 577/11, decision of April 14, 2016, not to be published in OJ EPO – Entitlement to priority Headnotes 1 and 2 of the reported decision deal with the procedural aspect of admitting new submissions in second oral proceedings, headnotes 3 and 4 read as follows: 3. […]

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EPO – EBA decides on partial priorities and toxic divisionals – G 1/15

Posted: November 30th, 2016

EPO, Enlarged Board of Appeal, decision of November 29, 2016 in case G 1/15, to be published in OJ EPO In its decision T 557/13, Technical Board of Appeal 3.3.06 had referred 5 questions to the EBA concerning partial priorities and toxic divisional applications. The first and most fundamental point of law was related to […]

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EPO – TBA Fluid flow simulation/SIMCON

Posted: November 23rd, 2016

EPO, Technical Board of Appeal 3.5.07, T 2440/12 “Fluid flow simulation/SIMCON”, decision of September 15, 2015, unpublished in OJ EPO – Moldflow Pty Ltd v. SIMCON GmbH A software product sold before the priority date of a patented computer-implemented method and admittedly executing said method when run anticipates the method by public prior use even […]

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EPO – Disclaimer and added subject-matter, Enlarged Board of Appeal asked to interpret their previous decisions

Posted: November 3rd, 2016

EPO, Technical Board of Appeal 3.3.09, T 437/14, decision of October 17, 2016, to be published in OJ EPO   – The Trustees of Princeton University et al. v. Merck Patent GmbH et al. The reported decision referred the following point of law to the Enlarged Board of Appeal (EBA): 1. Is the standard referred to […]

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EPO – Structural Reform of the Boards of Appeal of the EPO

Posted: July 27th, 2016

AMBA comments on the decisions of the Administrative council of June 30, 2016 and their effects on the independence of the Boards of Appeal – New location for the Boards of Appeal outside Munich In its June meeting, the Administrative Council (AC) adopted the proposals of the President of the EPO on the structural reform […]

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EPO – Structural Reform of the BoA of the EPO / Post retirement restrictions

Posted: July 4th, 2016

Structural Reform of the Boards of Appeal of the EPO, Post-retirement restrictions for Board members Whereas the decisions of the Administrative Council on the structural reform of the Boards of Appeal (BOA) are not yet published on the EPO’s website, the blogs have made available after doc. CA/43/16 Rev. 1 (see post dated July 1, […]

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EPO – Structural Reform of the Boards of Appeal of the EPO

Posted: July 1st, 2016

The structural reform of the Boards of Appeal (BOA) aims to increase their organizational and managerial autonomy, the perception of their independence and also their efficiency, in order to respect the principle of effective legal protection within the current legal framework of the European Patent Convention. It introduces a new institutional framework in which the […]

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EPO – The EPO’s power to appoint oral proceedings in the Hague not subject to review by the EBA

Posted: April 11th, 2016

EPO, R 13/14, EBA, decision of 15 January 2016 – Borealis Technology OY, not to be published in OJ EPO The EPC 2000 implemented the BEST (Bringing Search and Examination Together) project. Since then the departments of first instance of the EPO rendering decisions are no longer located only in Munich but also in the […]

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