Posts tagged with: "Enlarged-Board-of-Appeal"
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24 Feb 2023, 12:30 am
In its preliminary opinion for G 2/21, the Enlarged Board of Appeal (EBA) raised some eyebrows by appearing to reference the standard test for sufficiency (IPKat). [read post]
18 Sep 2019, 12:17 pm
" "If someone disagrees with a decision we've made, they can appeal to us first, and soon they will be able to further appeal this to the independent board," company CEO Mark Zuckerberg wrote in a letter (PDF). [read post]
27 Feb 2018, 6:16 am
However, as was emphasized by the Enlarged Board of Appeal in decision G 1/88, OJ EPO 1989, 189, Reasons 2.4, surrender of a right cannot be simply presumed (a jure nemo recedere praesumitur; see also T 685/98, OJ EPO 1999, 346, Reasons 3.3). [read post]
27 Feb 2018, 6:16 am
However, as was emphasized by the Enlarged Board of Appeal in decision G 1/88, OJ EPO 1989, 189, Reasons 2.4, surrender of a right cannot be simply presumed (a jure nemo recedere praesumitur; see also T 685/98, OJ EPO 1999, 346, Reasons 3.3). [read post]
25 Oct 2011, 7:58 am
The Enlarged Board, combining the two, came up with the following formula: 1. [read post]
15 Aug 2010, 3:01 pm
The opponent filed the following sworn declaration (click to enlarge):The Board is not satisfied:[4] Document D19a was filed by the appellant in order to further clarify [that brochure D19 was publicly available in 1975] but did not convince the board either. [read post]
Software patents, customs seizure and European Design skullduggery IP Think Tank podcast 13 May 2010
20 May 2010, 4:00 pm
In this call, Duncan is joined by regular panellist Jeremy Phillips and Peter Ollier to discuss: Pharmaceutical customs seizures and action taken by India and Brazil against the EU and the Netherlands at the World Trade Organisation; Software patents in Europe and the curious result of the reference to the Enlarged Board of Appeal by Alison Brimelow; and European Registered Designs and trade mark skullduggery. [read post]
27 Apr 2012, 12:23 pm
In one of the rare instances where the Enlarged Board overturned a Board of Appeal decision, reported here, the petitioner was saved only because the evidentiary weight of affidavits from five individuals present on the day, each recounting the exact words of the Chairman of the Board of Appeal, was accepted over the version of proceedings recounted in the minutes and recorded in the Board decision. [read post]
24 Jan 2018, 6:38 am
The conclusion that claim 1 of the main request was not entitled to the priority date of D1 was in line with the principles established in the decisions of the Enlarged Board of Appeal G 2/98 and G 1/15. [read post]
24 Jan 2018, 6:38 am
The conclusion that claim 1 of the main request was not entitled to the priority date of D1 was in line with the principles established in the decisions of the Enlarged Board of Appeal G 2/98 and G 1/15. [read post]
2 Jan 2013, 5:01 pm
Irrespective of the fact that the petitioner said that it had been surprised when the chairman of the Board announced at the resumption of the proceedings that the appeal had to be dismissed, it had to be aware of the fact that the Board could decide the question of novelty to its detriment. [read post]
21 Feb 2013, 5:01 pm
Such a harmonization can only be secured by way of an autonomous interpretation of the provisions and legal terms of the EPC by the Board. [1.8.4] Even if there were circumstances recognized by the German civil law courts in which a prior written warning (“Abmahnschreiben”) could be dispensed with before commencing a law suit for a declaration of non-infringement of a patent, and even if the EPO and the Boards of Appeal might in their findings consider the… [read post]
26 Apr 2018, 3:22 am
The appeal complies with Articles 106 to 108 and Rule 99 EPC and is therefore admissible.2. [read post]
26 Apr 2018, 3:22 am
The appeal complies with Articles 106 to 108 and Rule 99 EPC and is therefore admissible.2. [read post]
7 Jan 2019, 5:13 pm
Enlarge (credit: ROBYN BECK/AFP/Getty Images) A federal appeals court in Virginia ruled unanimously Monday that a county official who blocked a citizen from accessing her official Facebook page is in violation of the First Amendment. [read post]
8 Aug 2023, 1:00 am
We are now awaiting to see if a Board of Appeal will refer the issue of description amendments and claim interpretation to the Enlarged Board of Appeal (EBA) (IPKat). [read post]
19 Sep 2008, 6:54 am
However, last minute referral to the EPO Enlarged Board was made which cast doubt over the EPO settled issues and as a result, the time for leave of appeal to the House of Lords was extended until after the Enlarged Board has delivered its decision. [read post]
23 Apr 2024, 7:09 am
As to the other procedural requests, such as a request to remit the case to the first instance or a request to refer a question to the Enlarged Board of Appeal (Article 112(1)(a) EPC), it still remains advisable to submit such procedural requests as early as possible in the appeal proceedings. [read post]
13 Mar 2025, 7:30 am
The question of how much the description should be used to interpret the claim is, of course, currently the subject of a referral to the EPO's Enlarged Board of Appeal (G 1/24, IPKat).The UPC approach to means-plus-function claim languageApplying the general principles of claim construction established in Nanostring, the Court of Appeal addressed several disputed claim construction issues in this case. [read post]
22 Sep 2013, 5:01 pm
In particular cases the choice of the programming language can have an influence on how easily (and sometimes, if at all) the solution of a problem can be formulated as a programme.[4.2] However, the Board is of the opinion that the action of programming is essentially a mental process – comparable to the verbalisation of a thought or the formulation of a mathematical fact in a calculation – which, to quote the Enlarged Board of appeal (G 3/08… [read post]