In case of parallel proceedings before a national court and the Boards of Appeal, parties should inform both tribunals of this position as early as possible. In order to avoid duplication of…
This decision of the Board of Appeal covers two questions of interest: 1) May an Opposition Division include an obiter dictum in its decision? (The answer in this case is yes.) 2) To what extent is…
1. According to the EPC, the right to object to a member of a Board of Appeal or of the Enlarged Board of Appeal is reserved to the party to the proceedings who suspects partiality in such a member…
Following decision G 1/03, the Board concluded that a disclaimer that is used to remove subject-matter falling under the prohibition of Article 53(a) EPC in combination with Rule 28(c) EPC, is…
The Court of Appeal has overturned the High Court's finding of non-infringement, holding Napp's divisional patents, relating to controlled release formulations of a painkiller called oxycodone, to be…
When the transitional provisions for EPC 2000 are silent, the Board has to establish which legal text is applicable. In that case the Board has to take into account that it is undesirable to use both…
The Dutch Supreme Court stated that the patentee still has an interest in this supreme appeal proceeding after amendment of the patent pursuant to Articles 105a-c EPC 2000 subsequent to coming into…
The patent in suit contains claims for the (+)enantiomer of citalopram and a method for its resolution from the racemate (the diol method). The Defendants appealed a decision of the Court of Appeal…
Two research scientists, involved with the synthesis of a compound which formed the basis of a patented heart imaging agent, brought what is the first ever successful action under Section 40 of the…
