Posts tagged with: "Enlarged-Board-of-Appeal"
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2 Dec 2010, 3:01 pm
After the patent had been maintained in amended form, the opponents filed appeals. [read post]
10 Jul 2010, 11:02 am
The applicant then filed an appeal against this decision, arguing inter alia that the fee payment did not have any legal basis. [read post]
4 Apr 2023, 2:30 am
That is not going to be easy because U.S. juries typically have greater respect for the fact that a patent office--a government agency--granted a patent than the United States Patent & Trademark Office's own PTAB (Patent Trial and Appeal Board) judges when they make their post-grant review decisions. [read post]
11 Aug 2011, 3:01 pm
If so, the patent proprietor was stuck in the inescapable trap.[2.1] The present case concerns the conflict between A 123(2) and (3) EPC which was considered in decision G 1/93 of the Enlarged Board of Appeal (EBA). [read post]
19 Jun 2011, 3:01 pm
There, the Enlarged Board (EBA) held that an opposition may be transferred or assigned to a third party as part of the opponent’s business assets together with the assets in the interests of which the opposition was filed (see the Order of the EBA). [read post]
6 Sep 2019, 12:36 am
The EPO President has recently referred the issue (again) to the Enlarged Board of Appeal (EBA) (IPKat post here). [read post]
18 Jan 2015, 3:52 am
That could lead to problems for inventions relating to certain types of delivery method or where the invention resides in placing a known device in a new location.Decision-making by Examiners, Appeal Boards and the CourtsAre the above tests applied consistently by everyone? [read post]
17 Nov 2015, 12:34 am
* Video conferencing: a golden opportunity to reduce costs in patent proceedingsIn a recently published decision of a European Patent Office (EPO) Board of Appeal (BoA) on an appeal against a decision of the Examination Division, T 2068/14, the applicant's professional representatives argued that ex parte oral proceedings should be held by video conferencing, but the BoA was not entirely convinced. [read post]
5 May 2015, 8:09 am
Spain argued that the administrative pre-grant procedure under the European Patent Convention failed to provide a satisfactory system of judicial review, and that it was unacceptable that such a deficient system should be incorporated into the EU legal order.Spain also argued that the EPO Boards of Appeal and Enlarged Board were not independent from the Office and were not subject to any form of judicial review, given the EPO’s immunity.The CJEU dismissed… [read post]
6 Feb 2012, 5:01 pm
Given this situation the Board has come to the decision to consider the third auxiliary request to be appropriate (sachdienlich) and to admit it into the proceedings.[5.1.4] According to decisions G 1/03 and G 2/03 of the Enlarged Board of appeal (EBA), a disclaimer the content of which was not disclosed in the original documents of the application that led to the opposed patent may be allowable in order to restore novelty by delimiting a claim against state of… [read post]
9 Oct 2020, 12:31 pm
Click to enlarge. [read post]
15 Sep 2011, 5:01 pm
Method according to one of the preceding claims, characterized in that the profile of the rotational acceleration can be classified on the basis of motor vehicle trials.The opponent pointed out that it was not clear which function this additional feature had within the claimed method and how the classification was taken into account in the activation of the protection application.In its preliminary opinion, the Board had stated that it did not feel free to examine the clarity of claim 1 as… [read post]
24 Aug 2011, 3:01 pm
The Board refused a referral:[5.1] A 112(1)(a) stipulates that in order to ensure uniform application of the law or if a point of law of fundamental importance arise, the board of appeal shall, … following a request from a party to the appeal, refer any question to the EBA, if it considers that a decision is required for that purpose.However, as stated in G 3/08 [7.2.5], the boards of appeal are not authorised to consult the EBA whenever… [read post]
23 Nov 2022, 4:32 am
For oral proceedings on appeal by VICO, a specific provision was added to the Rules of Procedure of the Boards of Appeal (Art. 15a). [read post]
4 Oct 2009, 5:08 pm
One of the best French experts on EPC matters smilingly told us students: "When you're lost, file an appeal. [read post]
27 Apr 2016, 9:39 am
No one appealed the board’s decision. [read post]
16 Sep 2009, 3:55 am
In particular, the fact that process and use claims relate differently to A 64(2) does not leave any margin for extending the principles developed by the Enlarged Board of Appeal (EBA) in G 2/88 and G 6/88, concerning the use of a known compound for a hitherto unknown purpose, to process claims. [read post]
9 Jan 2013, 5:01 pm
” In its decision G 1/07 [headnote 2a], which has been issued in the meantime, the Enlarged Board has confirmed that “a claim which comprises a step encompassing an embodiment which is a “method for treatment of the human or animal body by surgery” within the meaning of A 53(c) cannot be left to encompass that embodiment. [read post]
30 Oct 2018, 1:00 am
A communication from the Board was sent to the parties. [read post]
21 Nov 2011, 5:01 pm
The Enlarged Board emphasises that there is no support in the EPC that the public should have particular reasons for analysing a product put on the market in order to identify its composition or internal structure (see point [2]). [read post]
