1. The established approach of applying the due-care criterion to the question of removal of the cause of non-compliance under Rule 136 EPC leads to an additional admissibility requirement, by…
In a new chapter of the ongoing saga of Sisvel’s 4G patents against (mainly Chinese) infringers, the present interlocutory decision shows that the procedural attitude of a defendant (in the present…
Although the grounds of the decision under R. 111(2) EPC do not have to deal in detail with all the arguments of the parties, at least the key points of discussion must be addressed. The grounds must…
A change in the composition of the Examining Division is legally allowed. This does not jeopardize the right to be heard and to a fair trial.
The ‘equality of arms’ is not hampered by the…
When transporting flowers, several measures need to be taken to maintain their freshness. Floriation’s patent required regulation of the ethylene concentration in the package. Whether Royal Flora…
The appeal court confirmed the decision of the first instance court that CDVI's European patent was invalid due to lack of inventive step. However, the decision raises questions in relation to what…
If an appeal against a decision of the opposition division to maintain the patent in amended form is filed by both patentee and opponent, but later one of the appeals is withdrawn, the principle of…
The Court of Appeal of the Hague held that entering into a second exclusive licence contract is possible, but the failure to end the first contract in the present case constituted unlawful behaviour…
Nippon Shokubai filed an opposition against the grant of BASF's patent. In relation to the payment they filed EPO Form 2300E, which – erroneously – did not indicate any payment method in box X …
