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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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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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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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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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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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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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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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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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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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 […]
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