EPLAW PATENT BLOG

News – new edition National law relating to the EPC

Posted: January 24th, 2020

The 20th edition of National law relating to the EPC is now online. “With its “National law relating to the EPC” booklet, the EPO aims to provide European patent applicants and proprietors, and all others concerned with the European patent system, with a concise guide to the most important provisions and requirements of the relevant […]

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EPO – Priorities from US provisionals – All applicants approach confirmed

Posted: January 17th, 2020

EPO, Technical Board of Appeal 3.3.08, case T 844/18  In January 2018, the Opposition Division revoked European patent 2 77 461 relating to an important aspect of the CRISPR Cas technology on the grounds of lack of novelty, denying claimed priorities from US provisional applications because not all of the applicants of the first applications […]

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EPO – Enlarged Board of Appeal asked to decide on the legal basis for and the scope of the prohibition of double patenting

Posted: December 20th, 2019

European Patent Office, Technical Board of Appeal 3.3.01, T 318/14, decision of February 7, 2019, reported by Dr. Rudolf Teschemacher, Bardehle Pagenberg In decisions G 1/05 and G 1/06, the Enlarged Board of Appel (EBA) accepted that the principle of the prohibition of double patenting exists on the basis that an applicant has no legitimate […]

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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 […]

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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 […]

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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.

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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 […]

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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 […]

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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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