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 Board of Appeal for decision:After withdrawal of all
Case Law Blog
The Case Law Blog, published by Delta Patents, focuses on developments and decisions related to European patent law. It covers topics such as procedural aspects before the European Patent Office (EPO), including oppositions, appeals, and interventions under the European Patent Convention (EPC). The blog discusses case law from the Boards of Appeal, including referrals to the Enlarged Board of Appeal on points of law like claim interpretation, patentability requirements, and procedural rules. It also addresses changes in EPO practice and regulations, such as notification and time-limit calculation rules, and procedural updates like the discontinuation of fax submissions. The content is aimed at practitioners interested in patent litigation, prosecution, and EPO procedural law.
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G 1/24 – Referral: Can the description and figures be consulted when interpreting the claims to assess patentability?
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 their website:
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No 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 procedures will thus cease …
No more 10 days :(
Overview of notification and time-limit calculation rules before and after 1 November 2023
Today, amended Rules 126(2)/127(2)/131(2) EPC entered into force, abandoning the 10-day legal fiction for deemed notification as applicable for time limits triggered by…
G 1/22 and G 2/22 decided – Competence of EPO to assess whether a party is entitled to priority & possible implicit agreement of a transfer of priority
New referral to the Enlarged Board by T 0438/19 – is product on the market prior art if undue burden to analyse composition? (G 1/23)
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 excluded from the state …
T 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 reasons were given for this request. The Board then issued a …
BREAKING 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 Appeal
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