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22 Feb 2019, 1:30 am by Sander van Rijnswou
It is established case law that claimed subject-matter is not excluded from patentability as a non-invention under Article 52(2) EPC for the sole reason that it contains features which might be considered to be non-technical (see opinion G 3/08, OJ EPO 2011, 10, point 10.13 of the Reasons, and decision T 1658/06 of 14 January 2011, point 3 of the Reasons). [read post]
13 Jan 2019, 11:30 pm by Guido Paola
According to the record of the telephone conversation on file, neither the main request nor any of auxiliary requests 1 to 5 fulfilled the requirements of Article 56 EPC "basically for the same reasons as set out in the summons to oral proceedings namely that the claimed subject-matter is essentially directed to purely non-technical subject-matter which cannot contribute to inventive step". [read post]
24 Sep 2018, 8:19 pm by Georgina Hey (AU)
The Board also seems to ascribe to the average Australian consumer the basic level of intelligence required to recognise that a product labelled “almond milk” is made with (non-lactating) almonds, a level of confidence that apparently the FDA and the ECJ do not share! [read post]
24 Sep 2018, 8:19 pm by Georgina Hey (AU)
The Board also seems to ascribe to the average Australian consumer the basic level of intelligence required to recognise that a product labelled “almond milk” is made with (non-lactating) almonds, a level of confidence that apparently the FDA and the ECJ do not share! [read post]
3 Sep 2018, 2:57 am by Jelle Hoekstra
For detailed explanations on these issues, see G 1/90, OJ EPO, 1991, 275, Reasons 6 and 7, and G 2/90, OJ EPO 1992, 10, Reasons 3.3.2.2 During substantive examination of an opposition, that is, once the opposition has been deemed admissible and the grounds for opposition have been examined, the opposition division, pursuant to Article 101(1), second sentence, EPC, invites the parties, as often as necessary, to file observations within a given time limit (generally four months, see… [read post]
11 Sep 2017, 10:00 pm by Jelle Hoekstra
Furthermore, in accordance with the case law (T 939/92 OJ EPO 1996, 309, point 2.6.2 of the decision), reasonable predictions of relations between chemical structure and biological activity could be taken into account while assessing inventive step. [read post]
31 Jul 2017, 8:14 am by Roel van Woudenberg
Disclaiming subject-matter not in the application-as-filed led to G 1/03 already quite some years ago and is well-documented in many later decisions as well as in the Guidelines - strict conditions, which can basically only work out well if there is only one Art.54(3) EPC prior right document with a  single, clear disclosure. [read post]
21 Jul 2017, 1:18 pm by Kevin
Although the full quote is worth raising at least one eyebrow at: I’ve always thought I’d been pretty good with people and I basically have spent a conflict-free life. [read post]
7 Jun 2017, 12:20 am by Bill Otis
"I basically couldn't live with myself if I didn't speak out," he says, standing in the center of his courtroom only hours after sentencing Rice. [read post]
15 May 2017, 2:32 am by Romano Beitsma
According to page 1, last paragraph, of the description, the basic idea of materialised views is to store the result of a query and to use this stored result to answer similar later queries. [read post]
10 May 2017, 12:23 am by Sander van Rijnswou
The basic principle of the Comvik approach is that only technical features can contribute to inventive step; but all technical features potentially do so.12. [read post]
18 Apr 2017, 1:45 am by Roel van Woudenberg
J 27/90, OJ EPO 1993, 422, 426), but at the latest within one year following the expiry of the unobserved time limit.2.2 On 5 November 2012 the Office sent a communication (EPO Form 2522) to the appellant's European representative informing him of the non-payment of the renewal fee for the fourth year under Rule 51(1) EPC and the possibility to validly pay the renewal fee together with the additional fee within the six-month period following the due date. [read post]
31 Mar 2017, 1:51 am by Jeroen Willekens
Instead, the question whether a fact can be regarded as proven has to be assessed on the basis of all the relevant evidence (G 3/97, OJ EPO 1999, 245, point 5).8. [read post]
2 Feb 2017, 3:57 am by Roel van Woudenberg
The appellant requests the Enlarged Board to clarify in its decision the interpretation which it adopts.Concerning the legal context of the present issue, the EPC is a special agreement within the meaning of the Paris Convention (J 15/80, OJ EPO 1981, 213). [read post]
18 Dec 2016, 11:51 pm by Roel van Woudenberg
Through its subsequent decisions of March 2015, the Enlarged Board concluded (23) that a patent may be granted for plants/plant material obtained from essentially biological processes if the basic requirements of patentability are fulfilled (24). [read post]
15 Aug 2016, 9:58 am by Amy Roper
The technical information to be used by insurance and reinsurance undertakings when calculating technical provisions and basic own funds for reporting with reference dates from June 30 until September 29, 2016 are detailed in the annexes to the Implementing Regulation, as follows: Annex 1: the relevant risk-free rate term structures Annex 2: the fundamental spreads for the calculation of the matching adjustment Annex 3: the volatility adjustments for each relevant national market The… [read post]
31 May 2016, 1:07 pm by Alexei Sobolev
The Implementing Regulation will enter into force on the day after it is published in the Official Journal of the EU (OJ) and shall apply from March 31, 2016. [read post]
23 Oct 2015, 1:07 pm by Rebecca Tushnet
  It’s possible to argue that trademark is a First Amendment-free zone, as copyright basically is except for the internal restraints of the fact/expression division and fair use, but that argument seems unlikely to prevail as easily with trademark and trademark registration, neither of which are mentioned in the Constitution and the latter of which confers rights unknown at common law. [read post]