EPC

The Technical Board of Appeal ruled that a claim of an opposed patent was anticipated by the publication of a divisional of that same patent. Because the claim contained an intermediate…

An invention entailing a talking doll with the ability to send e-mails was held to be unpatentable. The Board of Appeal rejected applicant's argument that the invention was in the technical field of…

A recent Decision of the EPO’s Technical Board of Appeal 3.2.05 found claims of a “mother” patent to lack novelty over the disclosure content of an EPO application that was a daughter (divisional) to…

EPO practice on patenting plants knows two exclusions that are defined in Art. 53(b) EPC: the exclusion of “plant varieties”, and the exclusion of “essentially biological processes for the production…

The Board, exercising its power under Article 12(4) RPBA, decided not to admit the patent proprietor's (appellant) main request in appeal, because he did not at all respond in substance to the…

The Board refused to admit the only set of claims,  with an added limitation, filed in the patentee's grounds of appeal. In the  Board's view, the applicant should have submitted the amended claims…

Since Rule 140 EPC is not available to correct the text of a patent, a patent proprietor's request for such a correction is inadmissible whenever made, including after the initiation of opposition…

The interesting six-jurisdiction patent case between two of the world’s leading enzyme manufacturers, the Danish companies Danisco A/S (now part of DuPont) and Novozymes A/S has already been subject…

The Board decided that the introduction of the Rules of Procedure of the Boards of Appeal (RPBA) overruled prior case law on admission of new arguments not included in the grounds of appeal, as…