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52 articles available

An EPO board held that, during opposition proceedings, copies of complaints about file specific issues sent by a party to EPO departments other than the opposition division, as well as the responses…

An EPO board held that observations filed by third parties during inter partes appeal must be disregarded by the board, unless they concern amendments during opposition or appeal, in which case the…

The Board of Appeal held that “Biogen insufficiency”, the situation in which the full extent of the monopoly claimed exceeds the technical contribution to the art, is not a distinct ground for…

In a decision to refund an additional search fee, an EPO board rejected a determination of non-unity based on a priori technical differences, which determined different problems solved by different…

An EPO board considered the burden of proof of public prior use when the invention had been publicly visible only for a short period of time. The Board required proof beyond a reasonable doubt that a…

A board of appeal of the European Patent Office held that a conditional request for oral proceedings filed with a notice of opposition remains effective after appeal and remittal to the opposition…

In an appeal from an opposition decision that maintained the patent, an EPO board refused to admit an auxiliary request that had been filed by the proprietor during opposition and formally re-entered…

The enlarged board of appeal of the European patent office allowed a petition for review of a board decision because the right to be heard had been denied. The decisive ground for the decision under…

An EPO board held that an appellant in a cross-appeal can be bound by an analogy of the bar against reformatio in peius, when filing a request later than with the grounds of appeal. When the…