T0969/14 is the latest in a long line of decisions which make it clear that the EPO Boards of appeal will not accept late filed requests which could have been filed in first instance proceedings,…
An EPO board of appeal observed that a careful opponent that is economically active in the same field as the patentee should search for internal evidence of public prior use before filing an…
An EPO board of appeal expressed its opinion that EBA case law implied that no further use should be made of the three-part “essentiality test” of T 331/87, for deciding whether removal of a feature…
A board of appeal of the European patent office held that a decision to reject an opposition with grounds based on an improperly corrected version of the patent as granted maintains the text used in…
The enlarged board of appeal (EBA) of the European patent office effectively ended the possibility of poisonous priority. The EBA held that entitlement to partial priority may not be refused for a…
The Board of Appeal decided that the invention was not sufficiently disclosed, as no seeds had been deposited and a skilled person could not obtain the claimed plants on the basis of the information…
Although it did not admit a broader claim 1, an EPO board of appeal allowed an auxiliary request wherein claim 1 as granted was replaced by a combination of independent claims from different first…
The Board of Appeal found that the examining division had committed a substantial procedural violation by raising tentative patentability objections rather than completing an improperly justified…
An EPO board of appeal decided that it had the discretion to admit a late filed document, even though the opposition division had exercised its discretion not to admit the document. In this respect…
