Thorsten Bausch

Not much time for blogging today, but yet another referral to the Enlarged Board may deserve our attention. TBA 3.5.03 referred the following questions to the Enlarged Board, of which question 3 may…

A few days ago, our Kluwer News Blogger reported on a decision in the Netherlands, holding two Dutch patents for processing the Ethiopian grain “teff” as null and void. While this decision certainly…

If a patent only provides the skilled person with a general scientific explanation as to why the procedure disclosed therein is suitable for the purpose in question and does not disclose a new…

The EPO’s Problem-Solution-Approach is, on the face of it, simple and widely applied also in the national jurisprudence of the EPC member states. It starts with the determination of a “closest prior…

The much awaited decision T 1063/18 by Technical Board of Appeal 3.3.04 in a five-member composition has been published today. The patent application under appeal related to new pepper plants and…

The provision of a crystal form of a polymorphic substance, which the skilled person inevitably obtains if he uses a process suggested by the state of the art for the production of the substance,…

by Adam Lacy and Thorsten Bausch As European patent professionals are all too aware, the Boards of Appeal of the EPO (BOA) have a huge amount of power, particularly over the rights of patentees. In…

Looking back at this blog in 2018 from a bird's eye perspective, I cannot resist the feeling that one of the most popular topics has been musing about the UPC's future and speculating about the…

Setting the record straight concerning the right to dependent claims under the EPC by Thomas Wyder and Stephan Steinmüller (Hoffmann Eitle) EPO Examiners sometimes urge Applicants to delete dependent…