EU – Conference European Patent: A Variable Geometry Right? Limitations and Amendments of claims during litigation

Posted: June 6th, 2014

Milan, Aula Magna of the Court of Milan, June 27 and 28, 2014 (in Italian and in English with simultaneous interpreting) Attendance is free. In particular, laws and procedures of five countries (DE, FR, IT, NL, UK) will be compared. The solutions at the EPO (Art. 105a and 123 EPC) will also be considered. Topics […]


EPO – Boards of appeal and key decisions 2014

Posted: June 6th, 2014

Conference for patent law professionals 8 and 9 October 2014 European Patent Office, The Hague "The EPO boards of appeal are one of the most influential voices in Europe when it comes to the interpretation of patent law. Once a year, the boards deliver unique insight into their case law practice at the Boards of […]


EPO – Vice-president DG3 as Chairman of the Enlarged Board of Appeal – Conflict of interests between the tasks as member of the management and as a presiding judge in review cases

Posted: May 5th, 2014

EPO, Enlarged Board of Appeal, interlocutory decision of 25 April 2014 in case  R 19/12 – Suspicion of partiality objection allowed ** Now including the petition for review, provided by Wallinger ** ** Now including the English translation, provided by Wallinger ** In the words of Sir Robin Jacob in ex parte Lenzing the members […]


EPO – The requirement of clarity in opposition cases – Eventually the Enlarged Board of Appeal is faced with the question

Posted: April 9th, 2014

EPO, Technical Board of Appeal 3.2.08, interlocutory decision of 2 April 2014 in case T 373/12 – Examination of clarity of amended claims by opposition divisions and boards of appeals For many years the boards of Appeals of the EPO have been struggling with the question to which extent the requirement of clarity has to […]


EPO – Administrative Council amends Implementing Regulations to the EPC

Posted: December 23rd, 2013

Administrative Council amends Implementing Regulations to the EPC with effect from April 1, 2014. Fee reductions for using an official language of a Contracting State other than English, French or German will be restricted. There will be a new fee incentive for withdrawing an appeal. 1. Decision CA/D 19/13 of December 13, 2013 amends Rule […]


UK – HTC v. IPCom – Stays of national proceedings pending parallel EPO oppositions

Posted: November 21st, 2013

Stays of national proceedings pending parallel EPO oppositions, by Adam Cooke, DLA Piper "The Court of Appeal has today given further guidance as to the circumstances in which it will grant a stay of patent infringement and revocation proceedings pending the outcome of co-pending opposition proceedings before the European Patent Office. "In today's judgment in […]


EPO – Amendment to Rule 36 / abandonment of time limits for filing divisionals

Posted: October 21st, 2013

Amendment to Rule 36 of the Implementing Regulations to the EPC abandons the time limits for filing divisional applications. The amendment will enter into force on April 1, 2014. The amendment applies to all pending applications. 1. With effect from April 1, 2010, time limits for filing European divisional applications were introduced, a requirement unknown […]


UK – IPCom GmbH v HTC

Posted: October 1st, 2013

IPCom GmbH v HTC, 26 September 2013, Patents Court, London, UK, Case No. HC11C02064 This judgement of the UK Patents Court concerned a number of procedural issues, including an application to stay the UK trial on infringement, validity and essentiality issues pending the final determination of opposition proceedings at the EPO. The patent had been […]


EU / EPO – Spain calls the judiciary character of the Boards of Appeal of the EPO into question

Posted: June 10th, 2013

EU / EPO – Action brought by Spain against the Regulation on the unitary patent calls the judiciary character of the Boards of Appeal of the EPO into question. Case Numbers C-146/13 – Spain v Parliament and Council In its action seeking the declaration of legally non-existence of Regulation 1527/2012 (see post dated June 5, […]


EPO – TBA issues further decision on automatic genotype determination in the field of bioinformatics

Posted: March 20th, 2013

"DNA Mixture Analysis/PERLIN", Perlin, Mark W. (applicant), Technical Board of Appeal 3.3.08, 19 February 2013, Case No. T 2050/07, reported by Stefan V. Steinbrener, Bardehle Pagenberg At present, there are virtually no decisions of EPO boards of appeal in the field of bioinformatics. On one of the rare occasions (case T 784/06 "Genotype determination/Beckman" of […]