EPLAW PATENT BLOG

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 […]

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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), […]

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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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