Posts tagged with: "Enlarged-Board-of-Appeal"
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13 Aug 2019, 6:03 am
: G 1/18, the decision, reports on the opinion of the Enlarged Board of Appeal in G1/18 concerning the correct interpretation of Article 108 EPC in the context of Rule 101(1) EPC about the notice of appeal.In Coloplast v Salts: Should UK infringement proceedings be stayed if the patent has been opposed? [read post]
5 Feb 2011, 11:01 am
It then deals with the second ground:[2.3] As to the second ground of the petition, according to A 112a(2)(c), the partiality of a member of a Board of Appeal may be a ground for a petition for review insofar as a member took part in the decision in breach of A 24(1), or despite being excluded pursuant to a decision under A 24(4). [2.3.1] The petitioner submits that the wording of A 24(1):“Members of the Boards of Appeal or the Enlarged… [read post]
22 Dec 2014, 3:41 am
" The Patentee then appealed on the admissibility point, but the Board of Appeal considered the appeal inadmissible, because his top ranked request, ie maintenance of the patent in amended form, was granted. [read post]
6 Feb 2013, 5:01 pm
The Enlarged Board (EBA) held that “it would be inequitable for the patent proprietor not to be given a fair opportunity to mitigate the consequences of errors of judgment made by the OD. [read post]
25 Dec 2010, 11:01 am
The Enlarged Board can see no support whatsoever for the allegation that members of Board 3.5.03 were influenced in their decision by any bias against the petitioner or any bias in favour of large multinational companies. [read post]
24 Aug 2017, 11:22 am
The Trademark Trial and Appeal Board on Tuesday set aside the cereal maker's two-year quest to trademark "the color yellow appearing as the predominant uniform background color" on boxes of "oat-based breakfast cereal. [read post]
9 Aug 2011, 12:31 am
Dai Rees – Chairman of an EPO appeal board and member of the Enlarged Board of Appeals that issued the G3/08 opinion – on the 15th European Patent Judge’s Symposium that took place in Lisbon in September 2010 (cf. [read post]
30 Apr 2018, 5:53 am
Boehm v Town of Sullivan’s Island Board of Zoning Appeals, 2018 WL 1513747 (SC App 3/28/2018) [read post]
15 Jun 2010, 3:02 pm
However, it is established case law of the Boards of appeal that no technical questions but only legal questions of fundamental importance can be considered for a referral (see “Case Law of the Boards of Appeal of the EPO, 5th edition (2008), chapter VII.D.13.2). [read post]
19 May 2010, 3:02 pm
Therefore, the principle exposed by the Enlarged Board in these decisions (point 10 of the reasons) concerning the legal and factual framework, within which the substantive examination of the opposition shall be conducted, is to be applied. [read post]
29 Oct 2012, 6:01 pm
Contrary to its line of argument in the statement of grounds of appeal as well as in the opposition proceedings, the [patent proprietor] agreed to this assessment by the Board without restriction during the oral proceedings. [read post]
7 Jan 2015, 7:39 pm
The answer suggests that the UK government and possibly some other governments do see a need for some improvement:Officials in the UK Intellectual Property Office are closely and actively involved in discussions relating to the Boards of Appeal of the European Patent Office (EPO), including the Enlarged Board. [read post]
23 Feb 2012, 6:46 am
Board of Appeals of Shirley (pdf). [read post]
16 Sep 2009, 9:33 am
I now very much look forward to the day when the EPO Enlarged Board say that they agree with me too. [read post]
18 Nov 2012, 5:01 pm
According to the applicant, this approach was not applied uniformly by the Boards of appeal. [read post]
15 Nov 2015, 2:52 pm
It was quite a shock for plant breeders when the European Patent Office decided this spring to allow the patenting of natural plant properties [this Kat thinks this is a reference to the Enlarged Board of Appeal decisions in cases G 2/12 (Tomatoes II) and G 2/13 (Broccoli II), noted by fellow Kat David in "Broccoli & Tomatoes, part deux: more from the Enlarged Board", here]. [read post]
15 Apr 2013, 5:01 pm
A summary of this case law of the Boards of Appeal is given in decision T 1213/05 [22-25] of this Board in a different composition. [6] [The patent proprietors] have argued that this case law of the Boards of Appeal did not apply in the present case since, contrary to the technical situation underlying those decisions, the claimed nucleotide sequence was not defined by sequence information but by a process for obtaining it. [read post]
18 Aug 2017, 3:31 am
In this respect the respondents submitted two questions of law and requested that if neither the case was remitted to the Opposition Division, nor the requested corrections were allowed, they be referred to the Enlarged Board of Appeal.The following document, related to inventive step over the combination of the teachings of documents D1 and D2, was also submitted:R15: Saint Gobain v Fusion Provida Ltd, Case No: A3/2004/2441.VI. [read post]
2 Nov 2011, 6:01 pm
In the present case the clarity objection […] was raised by the Board for the first time in appeal. [read post]
5 Mar 2012, 5:06 am
Perhaps it is now time for this issue to be referred to the Enlarged Board of Appeal by the President of the EPO? [read post]
