EPLAW PATENT BLOG

​​EPO – Guidelines 2024 / consultation

Posted: February 13th, 2024

The EPO recently published the updated Guidelines 2024, which enter into force on 1 March. Users are invited to comment on them by 2 April and are encouraged to take a small survey on the annual revision process included in the consultation. The Guidelines and more information on the consultation can be found here.  

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News – EPO Conference ‘Boards of Appeal and key decisions 2023’

Posted: October 12th, 2023

The EPLAW Board wishes to draw attention to the EPO conference ‘Boards of Appeal and key decisions 2023’ will take place online on 9-10 November, 2023. The occasion marks the 50th anniversary of the EPC, and therefore this year online attendance is free of charge for all interested parties. No special code is required. The […]

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News – Conference: Litigation Matters 2023

Posted: August 31st, 2023

The EPO announces the online conference ‘Litigation Matters 2023’ to be held online on 5-6 December 2023 The conference is organised in close co-operation with EPLAW, and features various prominent speakers, amongst which UPC Judge Rian Kalden, Presiding judge of the second panel of the Court of Appeal, former EPLAW Presidents Willem Hoyng and Klaus […]

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EPO – Referral G 1/23 (T 438/19): clarification on how to construe G 1/92?

Posted: August 22nd, 2023

Referral G 1/23 (T 438/19): clarification on how to construe G 1/92? By Johannes Möller, Kathrin Aftahy and Georg Anetsberger, Bardehle Pagenberg 1. Background This appeal concerns the decision of the Opposition Division rejecting the opposition against European patent EP 2 626 911. Its claim 1 specifies a material that is suitable for encapsulating a […]

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EPO – News on description adaptations – T 0454/20 and T 2391/18

Posted: July 21st, 2023

News on description adaptations at the EPO, T 0454/20 and T 2391/18, by Georg Anetsberger and Sebastian Rieger, Bardehle Pagenberg Summary In T 2391/18, the Board of Appeal 3.2.03 of the EPO decided that, in opposition proceedings, the requirement to “adapt the description to the claims” does not apply to discrepancies between description and claims […]

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EPO – EBA – G 0002/21 – Plausibility

Posted: March 23rd, 2023

EPO, Enlarged Board of Appeal, 23 March 2023, Case no. G 0002/21 Today, the decision of the Enlarged Board of Appeal on plausibility came out. The headnote reads as follows: 1. Evidence submitted by a patent applicant or proprietor to prove a technical effect relied upon for acknowledgement of inventive step of the claimed subject-matter […]

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EPO – The Unified Patent Court explained

Posted: November 24th, 2022

The EPO announced that it has published a new trilogy of EPO webinars that outline the Unified Patent Court’s structure and procedures, as well as the timeline for its introduction. Recorded earlier this year in English, the webinars feature UPC experts Kevin Mooney, Klaus Grabinski and Pierre Véron. The webinars and lots of other information […]

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EPO – EBA referral G 2/21 – Preliminary opinion of the EBA / Plausibility

Posted: October 18th, 2022

G 2/21 on post-published evidence and plausibility – Preliminary Opinion of the EBA, reported by Dr. Klaus Reindl and Dr. Georg Anetsberger, Bardehle Pagenberg With the decision T 116/18, three questions were referred to the Enlarged Board of Appeal (EBA) of the EPO relating to post-published evidence. The EBA now issued its preliminary opinion as […]

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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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