The Board of Appeal rejected an attempt to apply the fiction of novelty of “medical” substances and compositions of article 54(5) EPC to a dialysis membrane. Contrary to T2003/08 the claimed dialysis…
The Board emphasized that there was a relation between who was to be considered to be the skilled person for judging inventive step on one hand and the choice of the closest prior art on the other…
Inventions regarding a method of improving the yield of triploid seedless watermelons by pollination with a specific type of diploid water melon are not to be regarded as an essentially biological…
by Dr. Simon Klopschinski
Under EPO case law there is the “inescapable trap” of Article 123 (2) and (3) EPC. The German Federal Court of Justice decided in the “Winkelmesseinrichtung” case that the …
Charles de Secondat, Baron de Montesquieu knew it all as early as 1748: "Experience teaches that every human being who has the power tends to abuse it. Therefore, it is necessary that the power sets…
The September edition of the Official Journal of the EPO contained some important news for applicants who file international applications at the EPO claiming priority from European and national…
Although more than 20 years have passed since the Enlarged Board of Appeal issued its decision G 1/92, there is still little case law which provides guidance on how to establish the structure and…
As the readers well know, the European Patent Convention ("EPC") system allows the validity of European patents to be challenged through two different routes: (i) oppositions filed before the…
In the oral proceedings held in the EPO appeal case T 1760/11 the Board of Appeal (BoA) 3.3.01 selected one single closest prior art (CPA) document for the inventive step assessment and then denied…
