EPLAW PATENT BLOG

EPO – New edition Guidelines for Search and Examination at the EPO

Posted: November 18th, 2019

The Guidelines for Search and Examination at the EPO as PCT Authority give instructions on the practice and procedure to be followed in various aspects of the handling of international applications before the EPO as International Searching Authority and International Preliminary Examining Authority. They apply as from 1 November 2019. The Guidelines can be found […]

READ MORE

EPO – Enlarged Board of Appeal issues reasoned decision on oral proceedings in Haar

Posted: October 1st, 2019

Enlarged Board of Appeal, G 2/19, decision of July 16, 2019, reported by Dr. Rudolf Teschemacher, Bardehle Pagenberg In its decision T 831/17 of February 25, 2019, Technical Board of Appeal 3.5.03 referred questions to the Enlarged Board of Appeal (EBA) concerning the right to oral proceedings of an appellant who is not party to […]

READ MORE

EPO – New Version Case Law of the Boards of Appeal available

Posted: September 19th, 2019

The 9th edition of the Case Law of the Boards of Appeal is now available on the EPO website. The PDF version can be accessed here. A printed version can still be ordered and will be available mid September.

READ MORE

EPO – Amicus curiae brief concerning G 1/19 – Patentability of computer-implemented simulation methods

Posted: September 9th, 2019

Amicus curiae brief concerning G 1/19 – ­Patentability of computer-implemented simulation methods – ­Underlying decision: T 489/14 (Pedestrian simulation/CONNOR), by Hans Wegner and Tobias Kaufmann, Bardehle Pagenberg Dear Chairman and Members of the Enlarged Board of Appeal, The Boards of Appeal of the European Patent Office (EPO) have developed a well-balanced and consistent framework for […]

READ MORE

EPO – Enlarged Board of Appeal decides two of its pending cases

Posted: July 23rd, 2019

Having received not less than three referrals of points of law in the first few months of 2019, and a fourth one being announced to come, the Enlarged Board of Appeal (EBA) started to reduce its backlog in July by deciding two of the pending cases. Reported by Dr. Rudolf Teschemacher, Bardehle Pagenberg Referral G […]

READ MORE

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“) […]

READ MORE

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 […]

READ MORE

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 […]

READ MORE

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 […]

READ MORE

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). […]

READ MORE