EPO – Principle of partial priorities applied to the assessment of what is the first application from which priority can be claimed

Posted: January 24th, 2018

EPO, Technical Board of Appeal 3.3.07, decision of November 9, 2017 in case T 282/17 – Coated tablets/JOHNSON & JOHNSON In its decision G 1/15 (OJ EPO 2017, A82), the Enlarged Board of Appeal of the EPO had decided that a generically defined claim may enjoy partial priority from a first application disclosing an alternative […]


EPO – EBA decides on undisclosed and disclosed disclaimers

Posted: December 20th, 2017

EPO, Enlarged Board of Appeal, decision of December 18, 2017 in case G 1/16 – Disclaimer III, to be published in OJ EPO In its decision T 437/14 (OJ EPO 2017, A50), Technical Board of Appeal 3.3.09 had referred 3 questions to the Enlarged Board of Appeal (EBA) concerning the proper standard to be applied […]


EPO – European patent for Raltegravir revoked

Posted: October 12th, 2017

EPO, Technical Board of Appeal 3.3.01, T 1150/15, decision of October 11, 2017 – Merck & Co., Inc. v. SHIONOGI & CO., LTD The grant of a compulsory license under § 24 of the German Patent Act was a legal instrument of hardly any relevance over many decades. Only once, the Federal Patent Court (BPatG) […]


EPO – Biological inventions / Administrative Council overrules the EBA

Posted: July 3rd, 2017

Biological inventions – protection of the products of essentially biological processes – Administrative Council overrules the Enlarged Board of Appeal – Decision CA/D 6/17 In its decision G 2/12 – Broccoli II (OJ EPO 2016, A27), the Enlarged Board of Appeal decided that product claims directed to plants or plant material are not excluded from […]


EPO – EPO issues statement on plant and animal patents

Posted: June 30th, 2017

EPO clarifies practice in the area of plant and animal patents, EPO Statement, 29 June 2017 “On a proposal of the European Patent Office its Administrative Council took a decision to amend the relevant Regulations in order to exclude from patentability plants and animals exclusively obtained by an essentially biological breeding process. “The proposal from […]


EPO – Exercise of the right of priority by the successor in title – requirements of a valid transfer

Posted: March 28th, 2017

European Patent Office, Technical Board of Appeal 3.2.05, T 577/11, decision of April 14, 2016, not to be published in OJ EPO – Entitlement to priority Headnotes 1 and 2 of the reported decision deal with the procedural aspect of admitting new submissions in second oral proceedings, headnotes 3 and 4 read as follows: 3. […]


EPO – EBA decides on partial priorities and toxic divisionals – G 1/15

Posted: November 30th, 2016

EPO, Enlarged Board of Appeal, decision of November 29, 2016 in case G 1/15, to be published in OJ EPO In its decision T 557/13, Technical Board of Appeal 3.3.06 had referred 5 questions to the EBA concerning partial priorities and toxic divisional applications. The first and most fundamental point of law was related to […]


EPO – TBA Fluid flow simulation/SIMCON

Posted: November 23rd, 2016

EPO, Technical Board of Appeal 3.5.07, T 2440/12 “Fluid flow simulation/SIMCON”, decision of September 15, 2015, unpublished in OJ EPO – Moldflow Pty Ltd v. SIMCON GmbH A software product sold before the priority date of a patented computer-implemented method and admittedly executing said method when run anticipates the method by public prior use even […]


EPO – Disclaimer and added subject-matter, Enlarged Board of Appeal asked to interpret their previous decisions

Posted: November 3rd, 2016

EPO, Technical Board of Appeal 3.3.09, T 437/14, decision of October 17, 2016, to be published in OJ EPO   – The Trustees of Princeton University et al. v. Merck Patent GmbH et al. The reported decision referred the following point of law to the Enlarged Board of Appeal (EBA): 1. Is the standard referred to […]


EPO – Structural Reform of the Boards of Appeal of the EPO

Posted: July 27th, 2016

AMBA comments on the decisions of the Administrative council of June 30, 2016 and their effects on the independence of the Boards of Appeal – New location for the Boards of Appeal outside Munich In its June meeting, the Administrative Council (AC) adopted the proposals of the President of the EPO on the structural reform […]