EPLAW PATENT BLOG

EPO – European Patent Office – Effects of the complaints pending before the German Federal Constitutional Court on pending appeals before the Boards of Appeal – No stay of proceedings

Posted: April 29th, 2019

EPO, Technical Board of Appeal 3.5.04, T 1473/13, decision of January 24, 2019 Reported by Dr. Rudolf Teschemacher, Bardehle Pagenberg In the reported case, the application had been refused. In reply to an unfavorable communication preparing the oral proceedings, the applicant requested to stay the proceedings until the Federal Constitutional Court (“FCC”, in German: “Bundesverfassungsgericht“) […]

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EPO – Plant products produced by essentially biological processes – Referral G 3/19 – Comment

Posted: April 10th, 2019

Exceptions to patentability – Plant products produced by essentially biological processes – Referral G 3/19 The President of the EPO has referred the following points of law to the Enlarged Board of Appeal: 1. Having regard to Article 164(2) EPC, can the meaning and scope of Article 53 EPC be clarified in the Implementing Regulations […]

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EPO – patentability of plants obtained by essentially biological processes – T 1063/18 referred to Enlarged Board of Appeal

Posted: March 29th, 2019

Contracting States discussed next steps regarding the patentability of plants obtained by essentially biological processes – T 1063/18 referred to Enlarged Board of Appeal During last meeting of the Administrative Council it was decided that T 1063/18 (previously discussed here on the EPLAW Patent Blog) is to be refereed to the Enlarged Board of Appeal […]

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EPO – Annual Report 2018 European Patent Office

Posted: March 12th, 2019

European Patent Office, Munich, 12 March 2019, Annual Report 2018 The annual report was accompanied by a press release, stating: Munich, 12 March 2019 – UK businesses again continued to file a growing number of patent applications with the European Patent Office (EPO) in 2018. Published today, the EPO’s Annual Report 2018 shows that with […]

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EPO – Enlarged Board of Appeal asked to decide on the patentability of computer-implemented simulation programs

Posted: March 6th, 2019

EPO, Technical Board of Appeal 3.5.07, T 489/14, decision of February 22, 2019 – Pedestrian simulation/CONNORS Reported by Dr. Rudolf Teschemacher, Bardehle Pagenberg For the second time, the Enlarged Board of Appeal (EBA) is faced with the question to which extent the exclusion from patentability in Article 52 (2) EPC applies to computer-implemented inventions (CIIs). […]

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EPO – The location of the Boards of Appeal outside Munich – Enlarged Board of Appeal asked to decide whether the move to Haar was in conformity with the EPC

Posted: March 5th, 2019

European Patent Office, Technical Board of Appeal 3.5.03, T 831/17, decision of February 25, 2019

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EPO – Enlarged Board of Appeal asked to define the scope of the prohibition of double patenting

Posted: February 28th, 2019

  EPO, Technical Board of Appeal 3.3.01, T 318/14, decision of February 7, 2019 Reported by Dr. Rudolf Teschemacher, Bardehle Pagenberg In the oral proceedings of February 7, 2019, Technical Board of Appeal 3.3.01 decided to refer the following point of law to the Enlarged Board of Appeal (EBA): 1. Can a European patent application […]

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EPO – Exceptions to patentability – Essentially biological processes for the production of plants

Posted: January 31st, 2019

EPO, Technical Board of Appeal 3.3.04, decision of July 5, 2018 in case T 2435/13 – Clubroot resistant plants/SYNGENTA, by Dr. Rudolf Teschemacher, Bardehle Pagenberg After decision T 1063/18 of December 5, 2018, stating that Rule 28 (2) EPC as introduced in 2017 is in conflict with Article 53(b) EPC, (see post dated December 11, 2018, […]

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EPO – Disclosure of the invention – Novelty – Purity of a chemical substance as a distinguishing feature

Posted: January 21st, 2019

EPO, Technical Board of Appeal 3.3.02, decision of 9 November 2018 in case T 1085/13 – Amorphous Lercanidipine Hydrochloride/Recordati Since decision T 990/96, OJ EPO 1998, 489, it has been consistent case law of the Boards of Appeal of the EPO that a document disclosing a low molecular chemical compound and its manufacture makes this […]

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EPO – recent developments and background re plant products produced by essentially biological processes

Posted: December 11th, 2018

Exceptions to patentability – Plant products produced by essentially biological processes, Technical Board of Appeal 3.3.04, decision of 5 December 2018 in case T 1063/18, reported by Dr. Rudolf Teschemacher, Bardehle Pagenberg The reported decision sets the refusal of an application for new pepper plants and fruits with nutritional value aside. The ground for refusal was that […]

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