EPLAW PATENT BLOG

EPO – ENLARGED BOARD OF APPEAL MAKES A U-TURN ON THE PATENTABILITY OF PLANTS OBTAINED BY AN ESSENTIALLY BIOLOGICAL PROCESS

Posted: May 14th, 2020

European Patent Office, Enlarged Board of Appeal, G 3/19, opinion of May 14, 2020, reported by Dr. Rudolf Teschemacher, Bardehle Pagenberg Overruling its previous decisions Tomatoes II (G 2/12) and Broccoli II (G 2/13) issued in 2015, the Enlarged Board of Appeal (EBA) holds that plants and animals exclusively obtained by essentially biological processes are […]

READ MORE

EPO – Study: Patent enforcement in Europe

Posted: March 20th, 2020

On an international level, the TRIPS Agreement sets out various enforcement procedures that right holders can rely on to protect their IP rights. In the EU, the Enforcement Directive sets out measures as well as remedies the courts may order in IP cases. However, the manner in which enforcement is carried out differs from country […]

READ MORE

NL – High Point v. KPN / Supreme Court

Posted: February 19th, 2020

High Point SARL v. KPN B.V., Supreme Court of the Netherlands, 14 February 2020, Case No. ECLI:NL:HR:2020:258 Is it contrary to Articles 68 and 105a-105c EPC that local rules of due process prevent that a centrally limited patent is invoked in proceedings? Interpretation of Articles 68 and 105a-105c EPC according to Articles 31 and 32 […]

READ MORE

News – Book: Proceedings Before the European Patent Office

Posted: February 7th, 2020

Proceedings Before the European Patent Office, A Practical Guide to Success in Opposition and Appeal, Second Edition, Elgar Practical Guides Marcus O. Müller, Chairman of Board 3.3.02, European Patent Office, Munich/Haar, Germany and Cees A.M. Mulder, European Patent Attorney and Professor of European Patent Law in a Global Context, Maastricht University, the Netherlands The second […]

READ MORE

EPO – European patent applications naming an Artificial Intelligence (AI) system as inventor refused

Posted: January 29th, 2020

EPO, Receiving Section, decisions of January 27, 2020 in consolidated proceedings on applications EP 18 275 163 and EP 18 275 174 Applicant Dr. Stephen Thaler filed two European patent applications. In the request for grant Form, the field for indicating the inventor was left empty. In reply to the invitation to designate the inventor(s), […]

READ MORE

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 […]

READ MORE

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 […]

READ MORE

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 […]

READ MORE

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