Posts tagged with: "Enlarged-Board-of-Appeal"
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15 Jul 2010, 3:01 pm
If you visit the EPO website from time to time, you will have noted that an interlocutory decision in appeal case T 1145/09 has referred two questions to the Enlarged Board (EBA). [read post]
7 Aug 2019, 12:43 am
", GuestKat Rose Hughes analyses the recent example of patent cases coming before the UK courts on the topic of growing clinical and economic significance of antibody-based therapeutics.Rose Hughes also looks at the recent press release on the opinion of the Enlarged Board of Appeal in G 1/18 here.In Beyond exclusion of pharmaceutical products from patentable subject matter as a solution to limited access to medicines in Africa. [read post]
18 Apr 2010, 3:01 pm
The opponent did not agree and requested the Board to refer the following questions to the Enlarged Board (EBA): 1. [read post]
7 Jul 2008, 10:02 pm
Under this argument, apparently a Judge Advocate General could still certify a Board of Review decision published in 1 C.M.R. [read post]
4 Nov 2010, 4:48 am
Pointing to Enlarged Board of Appeal decision G1/07, page 73, it explains that the mere fact that a method - such as an imaging method - may be used advantageously during surgery does not make it a surgical method (the IPKat's take on G1/07 can be found here). [read post]
18 Jan 2011, 3:01 pm
One of the opponents submitted also that a question had to be referred to the Enlarged Board (EBA) if the present appeal, contrary to T 39/05, would have been found admissible by the Board. [1.1] Since the patent in suit was revoked by the OD the patent proprietor was adversely affected by the decision of the department of first instance and was entitled under A 107 to file an appeal against this decision (see e.g. [read post]
26 Aug 2010, 8:25 pm
The corrected, enlarged mask image? [read post]
1 Jul 2012, 2:54 am
There are rather a lot, but then again the Boards of Appeal have been very busy this year. [read post]
20 Mar 2011, 4:01 pm
A decision that is legally defective can, as a rule, only be overcome if a Board of appeal sets it aside after an appeal has been filed. [read post]
13 Jun 2012, 1:00 am
The legal information supplied therein is in no way binding on the competent departments of the European Patent Office, especially the Boards of Appeal and the Enlarged Board of Appeal respectively. [read post]
12 Oct 2011, 3:10 am
Once the examination phase concludes, an IPX may be appealed to the Board of Patent Appeals and Interferences (BPAI). [read post]
2 Jun 2010, 3:02 pm
In the present case, the proprietors were adversely affected by the decision of the Opposition Division (OD), which did not accede to e.g. their Main Request, so that the appeal of the patent proprietors was admissible, which fact is not contested. [11.6] The objection raised by the opponents indeed concerns the question of whether or not in opposition appeal proceedings broader claims (i.e. broader than those underlying the decision under appeal) may be reinstated (Case… [read post]
2 Apr 2012, 5:01 pm
” [3.2] Claim 1 of all these requests has been amended compared to claim 1 of the corresponding requests 2 to 4 filed with letter of 9 November 2011 by deleting the term “non-folded” which was discussed as not being allowable in the course of the OPs in view of its nature as a disclaimer with reference to the decision of the Enlarged Board of Appeal G 1/03. [3.3] Accordingly, the now claimed subject-matter of claim 1 of the second to fourth auxiliary… [read post]
2 Nov 2010, 4:06 pm
The grounds for the decision under appeal read as follows (click to enlarge):The statement of grounds of appeal (11 pages) comprises a main request (pages 5 to 8) and an auxiliary request (pages 9 to 11) and statements as to their basis in the application as filed, their novelty and their inventive step (pages 1 to 4).The Board raises an admissibility problem:[1] Admissibility of the appeal (A 108 and R 101(1))[1.1] Pursuant to A 108, third sentence, a… [read post]
8 Mar 2012, 5:01 pm
Both the opponent and the patent proprietor filed an appeal against the decision of the Opposition Division (OD) to maintain the patent in amended form.The Board decided to maintain the patent as amended during the appeal proceedings and then dealt with cost-related requests under A 104 and – which is less common – Article 16 RPBA.*** Translation of the French original ***Concerning the apportionment of costs ordered by the OD[18] Pursuant to A 104(1) each… [read post]
25 Apr 2011, 3:01 pm
It also requested, as an auxiliary request, that the following question be referred to the Enlarged Board (EBA):“Can a request by a party to conduct OPs at the EPO in Munich instead of at the branch office in The Hague be denied? [read post]
4 Sep 2011, 5:01 pm
It finally referred a question to the Enlarged Board of appeal (EBA), for the reasons given in the decision. [read post]
27 Mar 2010, 12:02 pm
During the appeal proceedings, the patent proprietor was represented by a professional representative, accompanied by Dr Illescas, its Spanish legal practitioner, who later on represented the patent proprietor before the Enlarged Board (EBA).[1.4] Pursuant to R 106, a petition under A 112a(2)(a) to (d) is only admissible where an objection in respect of the alleged procedural defect was raised during the appeal proceedings and dismissed by the Board of… [read post]
19 Dec 2012, 5:01 pm
This is an examination appeal concerning a Euro-PCT application.The EPO, acting as ISA, pointed out that the application contained six inventions and invited the applicant to pay five additional search fees. [read post]
1 Aug 2018, 6:40 am
This appeal concerns a decision of the Receiving Section rejecting the request to reverse the finding that a European patent application does not enjoy a right of priority with respect to the claimed priority. [read post]
