Posted: August 22nd, 2023
Referral G 1/23 (T 438/19): clarification on how to construe G 1/92? By Johannes Möller, Kathrin Aftahy and Georg Anetsberger, Bardehle Pagenberg 1. Background This appeal concerns the decision of the Opposition Division rejecting the opposition against European patent EP 2 626 911. Its claim 1 specifies a material that is suitable for encapsulating a […]
READ MOREPosted: July 21st, 2023
News on description adaptations at the EPO, T 0454/20 and T 2391/18, by Georg Anetsberger and Sebastian Rieger, Bardehle Pagenberg Summary In T 2391/18, the Board of Appeal 3.2.03 of the EPO decided that, in opposition proceedings, the requirement to “adapt the description to the claims” does not apply to discrepancies between description and claims […]
READ MOREPosted: March 23rd, 2023
EPO, Enlarged Board of Appeal, 23 March 2023, Case no. G 0002/21 Today, the decision of the Enlarged Board of Appeal on plausibility came out. The headnote reads as follows: 1. Evidence submitted by a patent applicant or proprietor to prove a technical effect relied upon for acknowledgement of inventive step of the claimed subject-matter […]
READ MOREPosted: November 24th, 2022
The EPO announced that it has published a new trilogy of EPO webinars that outline the Unified Patent Court’s structure and procedures, as well as the timeline for its introduction. Recorded earlier this year in English, the webinars feature UPC experts Kevin Mooney, Klaus Grabinski and Pierre Véron. The webinars and lots of other information […]
READ MOREPosted: October 18th, 2022
G 2/21 on post-published evidence and plausibility – Preliminary Opinion of the EBA, reported by Dr. Klaus Reindl and Dr. Georg Anetsberger, Bardehle Pagenberg With the decision T 116/18, three questions were referred to the Enlarged Board of Appeal (EBA) of the EPO relating to post-published evidence. The EBA now issued its preliminary opinion as […]
READ MOREPosted: July 27th, 2022
Amending the description prior to grant of a European patent – recent developments; reported by Dr. Klaus Reindl and Dr. Georg Anetsberger, BARDEHLE PAGENBERG For many years already, it has been common practice at the EPO to adapt the description prior to grant of a European patent to ensure that the subject-matter of the allowable […]
READ MOREPosted: February 8th, 2022
The EPO has published amended Guidelines for Examination, which will enter into force on 1 March 2022 The updated Guidelines can be found here.
READ MOREPosted: December 7th, 2021
EBA referral G 2/21 – post-published evidence and plausibility, reported by Dr. Klaus Reindl and Dr. Georg Anetsberger, Bardehle Pagenberg With the decision T 116/18, questions were referred to the Enlarged Board of Appeal (EBA) of the EPO that may have a significant impact on patent filing strategies as well as oppositions. They relate to […]
READ MOREPosted: August 16th, 2021
Reported by Dr. Rudolf Teschemacher, Bardehle Pagenberg Following the decision of the Federal Constitutional Court of June 23, 2021, rejecting the applications for a preliminary injunction against the Act of Approval of the UPC Agreement (UPCA), the German Federal President signed the Law on August 7, 2021 and the Law was published in the Federal […]
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