EPLAW PATENT BLOG

EPO – Amending the description prior to grant of a European patent – recent developments

Posted: July 27th, 2022

Amending the description prior to grant of a European patent – recent developments; reported by Dr. Klaus Reindl and Dr. Georg Anetsberger, BARDEHLE PAGENBERG For many years already, it has been common practice at the EPO to adapt the description prior to grant of a European patent to ensure that the subject-matter of the allowable […]

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EPO – Amended Guidelines for Examination

Posted: February 8th, 2022

The EPO has published amended Guidelines for Examination, which will enter into force on 1 March 2022 The updated Guidelines can be found here.

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EPO – EBA referral G 2/21 – Plausibility and post-published evidence

Posted: December 7th, 2021

EBA referral G 2/21 – post-published evidence and plausibility, reported by Dr. Klaus Reindl and Dr. Georg Anetsberger, Bardehle Pagenberg  With the decision T 116/18, questions were referred to the Enlarged Board of Appeal (EBA) of the EPO that may have a significant impact on patent filing strategies as well as oppositions. They relate to […]

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DE / UPC – ACT OF APPROVAL OF THE UPC AGREEMENT ENTERED INTO FORCE

Posted: August 16th, 2021

Reported by Dr. Rudolf Teschemacher, Bardehle Pagenberg Following the decision of the Federal Constitutional Court of June 23, 2021, rejecting the applications for a preliminary injunction against the Act of Approval of the UPC Agreement (UPCA), the German Federal President signed the Law on August 7, 2021 and the Law was published in the Federal […]

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EPO – ENLARGED BOARD OF APPEAL ON THE RIGHT TO BE HEARD

Posted: July 27th, 2021

European Patent Office, Enlarged Board of Appeal, R 5/19 – Violation of the right to be heard, decision of March 15, 2021, reported by Dr. Rudolf Teschemacher, Bardehle Pagenberg Filing a petition of review under Article 112a EPC is not a very promising exercise, considering that less than 7% of the petitions are successful with […]

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EPO – ENLARGED BOARD OF APPEAL ALLOWS VIDEOCONFERENCES WITHOUT CONSENT OF THE PARTIES IN THE PANDEMIC SITUATION

Posted: July 16th, 2021

European Patent Office, Enlarged Board of Appeal, Order in case G 1/21 published on July 16, 2021 Reported by Dr. Rudolf Teschemacher, Bardehle Pagenberg In a Press Communiqué of July 16, 2021 the Enlarged Board of Appeal published the order in case G 1/21, i.e. the answer to the question referred in T 1807/15. It […]

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EPO – ENLARGED BOARD OF APPEAL CONFIRMS PROHIBITION ON DOUBLE PATENTING

Posted: June 23rd, 2021

European Patent Office, Enlarged Board of Appeal, G 4/19 – Double patenting, decision of June 22, 2021 Reported by Dr. Rudolf Teschemacher, Bardehle Pagenberg In its decision G 4/19, the Enlarged Board of Appeal (EBA) answers the questions referred in T 318/14, OJ EPO 2020, A104 as follows: 1. A European patent application can be […]

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EPO – VIDEOCONFERENCES WITHOUT CONSENT OF ALL PARTIES – ENLARGED BOARD OF APPEAL DECIDES ON OBJECTIONS FOR REASONS OF SUSPECTED PARTIALITY

Posted: May 20th, 2021

European Patent Office, Enlarged Board of Appeal, G 1/21 – Interlocutory Decision of May 17, 2021, reported by Dr. Rudolf Teschemacher, Bardehle Pagenberg The referral case G 1/21 in which the Enlarged Board of Appeal (EBA) has to decide on the question whether oral proceedings can be held as VICO without the consent of all […]

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EPO – Enlarged Board of Appeal asked to decide on the admissibility of conducting oral proceedings as videoconference without consent of the parties

Posted: March 17th, 2021

Technical Board of Appeal 3.5.02, decision of March 12, 2021, case T 1807/15 – Oral proceedings in form of a videoconference, reported by Dr. Rudolf Teschemacher, Bardehle Pagenberg The referred question reads as follows: Is the conduct of oral proceedings in the form of a videoconference compatible with the right to oral proceedings as enshrined […]

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EPO – ENLARGED BOARD OF APPEAL GIVES GUIDANCE ON THE PATENTABILITY OF COMPUTER-IMPLEMENTED SIMULATIONS

Posted: March 10th, 2021

European Patent Office, Enlarged Board of Appeal, G 1/19 – Pedestrian simulation, decision of March 10, 2021, reported by Dr. Rudolf Teschemacher, Bardehle Pagenberg Almost eight months after the oral proceedings, the Enlarged Board of Appeal (EBA) issued its decision in the case pedestrian simulation. The EBA rephrases and limits question 2 and answers the […]

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