New referral - G 2/24 "Skin cleanser" by T 1286/23 dd 11-11-2024
Today, decision T 1286/23 was made available online, referring questions to the Enlarged Board. Under Article 112(1)(a) EPC and Article 21 RPBA the following points of law are referred to the Enlarged...
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T 56/21 - The end (?) of the debate on whether the description must be...
This decision came online earlier this week, on 14 October 2024, and the outcome was a surprise to many. Whereas it had earlier been indicated that a referral to the Enlarged Board of Appeal was...
View ArticleG 1/24 - Referral: Can the description and figures be consulted when...
Today, the Boards of Appeal published the following communication (no changes made, except for emphasis added and references to points in the referring decision added cf. the Order of the latter) on...
View ArticleNo more faxing to the EPO as of 1 July 2024 :(
Hidden in a News message on MyEPO services, the EPO announced that from July onwards, the EPO will no longer accept submissions by fax. All fax services relating to EP and PCT as well as Unitary Patent...
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No more 10 days :(
Overview of notification and time-limit calculation rules before and after 1 November 2023Application of the transitional provisionToday, amended Rules 126(2)/127(2)/131(2) EPC entered into force,...
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G 1/22 and G 2/22 decided - Competence of EPO to assess whether a party is...
Yesterday, a Press Communiqué was published as the Enlarged Board had issued its decision in consolidated cases G 1/22 and G 2/22 and the decision became available in the register, and today on the...
View ArticleNew referral to the Enlarged Board by T 0438/19 - is product on the market...
T 0438/19 of 27-06-2023 referred the following questions to the Enlarged Board of Appeal for decision:1. Is a product put on the market before the date of filing of a European patent application to be...
View ArticleT 2432/19 - Right to oral proceedings in form of a videoconference (no)
In the present opposition appeal case, the Board issued a summons to oral proceedings in Haar. The appellant (patent proprietor) requested that the oral proceedings be held by videoconference. No...
View ArticleBREAKING NEWS: G 2/21 decision is out - Plausibility
Today, the Boards of Appeal have published the News message shown below (no changes made, except emphasis added):Press Communiqué of 23 March 2023 on decision G 2/21 of the Enlarged Board of Appeal23...
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T 2303/19 - In person oral proceedings are for now (no Covid-19 related...
In the present opposition appeal case, the parties were summoned to attend oral proceedings at the EPO premises. The appellant requested that the oral proceedings take place by videoconference. The...
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T 2194/19 - The "invention" is not necessarily and always to be equated with...
In the present case, the examining division regarded several paragraphs of the description to be at odds with independent claim 1, as amended. The examining division equated the term "embodiment"...
View ArticleDeemed date of receipt looses 10 days per 1 November 2023: shortens times to...
10 daysA news message on the epi website indicates that the Administrative Council of the EPOrg decided to amen to Rule 126(2) EPC relating to the date on which a document sent by the EPO is deemed to...
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T 17/22 - On the "Invitation pursuant to Rule 137(4) EPC and Article 94(3) EPC"
In the present case, the examining division issued a decision to refuse the application based on the ground under Article 123(2) EPC and on lack of novelty, lack of inventive step and lack of clarity....
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T 682/22 - No interlocutory revision despite single ground for refusal...
In the present case, the application was refused due to lack of novelty. The applicant appealed with a sole request in which the applicant amended the independent claims. The amendments included the...
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T 3000/19 - Use of video retrieved from the internet as prior-art
The grounds for refusal of the decision under appeal are based on lack of inventive step when taking as starting point documents D4 and D5. The prior-art evidence cited by the examining division as...
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Referral by T 1513/17 and T 2719/19 - Priority from an earlier application...
In the present case (T 1517/17, consolidated with T 2719/19), the patent proprietor filed an appeal to the interlocutory decision of the opposition division revoking its patent. The application on...
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T 1989/18 - As a general rule, not required to bring the description in line...
In the present case, the examining division found the set of amended claims of the main request to be allowable, but nevertheless it held that the amendments to the description adapted to those claims...
View ArticleJ 8/20 & J 9/20 - Inventor has to be a person with legal capacity
In the oral proceedings before the Legal Board of Appeal in the two DABUS cases earlier today, the Board decided that the appeal is dismissed and that the request for a referral to the Enlarged Board...
View ArticleMoving back from Haar?
Today, an EPO news message was published in the EPO website indicating that the President of the EPO and the President of the Boards of Appeal have proposed to the Administrative Council to relocate...
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G 1/21 - OP by Vico - the full decision is out!
On 16 July 2021, a Press Communiqué was issued by Spokespersons of the Boards of Appeal of the European Patent Office on the decision of the Enlarged Board in G 1/21. The full reasoning of the decision...
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