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24 Aug 2011, 3:01 pm by Oliver G. Randl
The question has to be essential to reach a decision on the appeal in question.Moreover it was stated therein (reasons [10.3.2]) that the case law of the boards of appeal regarding computer-implemented inventions, as summarised in T 154/04, is consistent and has a sound legal basis in the Convention.Item 5 of the reasons of T 154/04 reads:(E) For examining patentability of an invention in respect of a claim, the claim must be construed to determine the technical features of the… [read post]
21 Feb 2010, 3:02 pm by Oliver G. Randl
The present case is distinguished from that decided in T 143/02 firstly in that there is no most likely candidate as to the objective to be used. [read post]
16 Sep 2013, 5:01 pm by oliver randl
According to R 126(4), to the extent that notification by post is not covered by R 126(1) to (3), the law of the State in which the notification is made shall apply. [read post]
10 May 2012, 5:01 pm by Oliver
In its communication dated 20 May 2009 the Board noted that due to the above-mentioned situation the notice of appeal appeared to contain an inconsistency concerning the name/identity of the appellant (R 101(2) and R 99(1)(a)), which has to be a registered party to the opposition proceedings (A 107) and a legal entity still existing at the filing date of the notice of appeal (T 525/94). [read post]
30 Jan 2013, 5:01 pm by oliver randl
In this respect the Board concurs with R 17/11 [19] in which the Enlarged Board of Appeal made it clear that in appeal proceedings it is upon a party to make sure that the points it wishes to raise are actually raised in the proceedings. [read post]
19 Dec 2013, 5:01 pm by oliver randl
Procedural economy and legal certainty for third parties require that an applicant should not be allowed to prevent an ED from carrying out the examination in an efficient manner, for instance by delaying the decision or postponing the OPs (see also R 71(2) EPC 1973 corresponding to R 115(2)). [read post]
10 Jul 2013, 5:01 pm by oliver randl
Claims 4 and 5 of the main request […] define the claimed broccoli plant or inflorescence inter alia by the product-by-process feature of crossing broccoli double haploid breeding lines with Brassica villosa or Brassica drepanensis. [16] For the same reasons as set out in great detail in the second interlocutory decision in case T 1242/06 [25-39], the board considers that the plants or parts of plants claimed in the present case do not fall under the exclusion of plant varieties as… [read post]
21 Aug 2010, 11:03 am by Oliver G. Randl
It was thus procedurally correct for the OD to revoke the patent in accordance with R 82(3), second sentence. [read post]
11 Jul 2012, 4:03 am by Av. Şamil DEMİR
Geçmişi çoğu ülkedeki avukatlığın tarihi ile karşılaştırıldığında göre pek de eski olmayan Türk avukatlık tarihi, Türkiye Barolar Birliği’nin hazırlattığı ve Rüştü Asyalı’nın seslendirdiği “TBB 40. [read post]
25 Jan 2011, 5:59 pm by Michael Froomkin
David Rivera’s (R-FL-25) shtick isn’t playing well in Washington DC. [read post]
22 Jan 2012, 5:01 pm by Oliver G. Randl
As set out in decision T 1242/04, an ED may raise an objection of lack of inventive step without documented prior art. [read post]
21 Feb 2013, 11:02 am
T-bone collisions, also referred to as side impact or broadside crashes, are a common type of accident in Citrus County. [read post]
26 Jul 2017, 12:47 pm by Pierre T. Nguyen
  Un petit rappel : le PLT, le « Patent Law Treaty », est un traité mis en place pour uniformiser les règles de dépôt et de gestion de dossiers de propriété intellectuelle. [read post]