Posts tagged with: "Enlarged-Board-of-Appeal"
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21 Jan 2024, 2:49 am
The Board of Appeal also agreed with Intel that "there appears to be no decision of the boards or the Enlarged Board of Appeal that forms the basis of the relevant part of the Guidelines" relating to the required deletion of claim-like clauses (r. 3.2). [read post]
22 Jan 2013, 5:01 pm
Apart from the fact that Mr Malmqvist was not an authorised representative, no reasons were provided in support of this request. [2.3] In decision G 4/95, the Enlarged Board of Appeal decided that “During OPs under A 116 in the context of opposition or opposition appeal proceedings, a person accompanying the professional representative of a party may be allowed to make oral submissions on specific legal or technical issues on behalf of that party, otherwise… [read post]
28 Mar 2021, 1:11 pm
The Board of Appeal interlocutory decision in T1807/15 reveals that the Board of Appeal has determined to continue with the referral. [read post]
15 Aug 2022, 2:55 am
According to the Annual Report of the Boards of Appeal 2021, an "impressive" 76% of oral proceedings were held by ViCo in 2021. [read post]
24 Dec 2022, 1:05 am
However, in cases where there are isolated Board of Appeal decisions conflicting with the Guidelines, Examiners usually choose to follow the Guidelines instead of the Boards of Appeal. [read post]
20 Jan 2020, 6:16 am
The board did not refer questions to the Enlarged Board of Appeal.The reasons for the board’s decision will be issued in writing in due course.This decision T 844/18 has been given in oral proceedings and is not yet available in written form. [read post]
31 Jan 2025, 5:57 am
"A different issue related to interventions has also recently been referred to the Enlarged Board of Appeal (EBA) (G 2/24) (IPKat). [read post]
17 Mar 2021, 7:08 am
With letter dated 8 March 2021 the appellant withdrew the auxiliary request for referral of a question to the Enlarged Board of Appeal, but explicitly maintained its remaining requests.XIII. [read post]
11 Nov 2016, 1:30 am
Under Article 164(1) EPC the Implementing Regulations are an integral part of the Convention and, hence, are equally binding to the Boards of Appeal of the EPO (Article 23(3) EPC) and to national courts.In combined cases G 2/12 and G 2/13 (“Tomato II” and “Broccoli II”), the Enlarged Board of Appeal had concluded – taking into account the legislative history of Article 53(b) and Rule 27(b) EPC as well as of Article 4 of… [read post]
28 Feb 2020, 1:32 am
According to case law from the Enlarged Board of Appeal (EBA), a second use of a known product is novel if the new use comprises a novel functional effect. [read post]
5 Dec 2014, 4:22 am
Alas that is no longer possible.Merpel has also heard that this latest event, the suspension of a Board of Appeal member, is being protested by the Enlarged Board of Appeal to the Administrative Council (who meet next week - Merpel repeats her encouragement to write to the representative of your country if you wish to make your views known).Returning to the JUVE article, some semblance of a plan emerges. [read post]
29 Jun 2018, 4:14 am
The requests as set out in the letter read as follows:"1.1 We request that the opposition filed by Santarelli be deemed inadmissible.1.2 Should the Board be unable to accede to the above request, we request that the following question be referred to the Enlarged Board of Appeal in accordance with Article 112(l)(a) EPC: "If evidence clearly indicates that a strawman opponent is acting on behalf of a party who intervenes in opposition proceedings (Art. 105… [read post]
10 Aug 2021, 2:21 am
A Board of Appeal is about to refer questions to the Enlarged Board of Appeal (EBA) on the ability of a patentee to rely on post-published evidence to support the inventive step of a claim, and particularly to support the plausibility that the technical problem has been solved over the full scope of the claim. [read post]
5 Oct 2015, 1:16 am
The EPO management has been seeking to reform the Boards of Appeal, and apparently a necessary part of this project is to get them out of Munich. [read post]
9 Mar 2015, 3:01 am
Merpel notes how little time there is for debate, consultation, or indeed any alteration of the proposals.Annex 1Annex 2 presents some statistics on the Boards of Appeal of the EPO and comparisons with other courts:Statistics BOA (1) The EPO BOA consist of 28 Technical Boards (TBOA), 1 Legal Board, the Disciplinary Board and the Enlarged Board (EBOA). [read post]
11 Apr 2019, 5:34 am
Second, there were no conflicting BA decisions to justify the Referral.The EPO President may refer a question to the EBA under Article 112 EPC: the President of the European Patent Office may refer a point of law to the Enlarged Board of Appeal where two Boards of Appeal have given different decisions on that question. [read post]
9 Dec 2014, 4:23 am
In his letter, Tilman describes the prohibition on a Board member from entering EPO offices (a de facto suspension) by the President, as:“a transgression of competence on the part of the Management of the EPO which causes deep concern and is likely to fundamentally question the independence of the Boards of Appeal”.His letter explains why: under Article 23 EPC, only the AC can remove a Board Member from office, on a proposal from the… [read post]
22 Apr 2024, 3:06 am
In what is the first referral from the Executive Director of the EU's Intellectual Property Office (EUIPO), the EUIPO's enlarged Board of Appeal (the Grand Board) has been requested to clarify whether a EU Trade Mark (EUTM) application, which is withdrawn during the appeal period following a refusal decision from the EUIPO, can proceed to conversion to a national application. [read post]
25 Nov 2012, 5:01 pm
In G 1/05 and G 1/06 [13.4], the Enlarged Board of Appeal accepted that a principle of prohibition of double patenting existed on the basis that an applicant had no legitimate interest in proceedings leading to the grant of a second patent for the same subject-matter. [read post]
8 Jan 2022, 11:21 am
The decisions on DABUS applications are one of the cases mentioned in IPKat's overview of the most important decisions of the EPO's Boards of Appeal (BA) and EPO's Enlarged Board of Appeal (EBA) in 2021, curated by our GuestKat Rose Hughes and available here and here. [read post]
