Boehringer/Double Patenting, European Patent Office (EPO Board of Appeal), 19 April 2010
May 6, 2010
In the case at hand the Board held that the European Patent Convention does not contain any specific provision for refusing a European patent application for unallowable double patenting. According to the Board neither Article 125 EPC nor Article 60 EPC could serve as a legal basis for such refusal thereby explicitly disagreeing with the conclusion of the Board in the earlier decision T 307/07. This decision is the latest in a sequence of recent decisions wherein different Boards express diverging views on the application of the prohibition of double patenting within the system of the EPC.
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