The Brazilian Patent and Trademark Office (BRPTO) has issued a new set of guidelines to clarify its recent regulations on amending patent claims during the appellate phase and help patent applicants…
In its judgment of 7 November 2017, X ZR 63/15 – Digitales Buch, the German FCJ (Bundesgerichtshof) took the opportunity to complete its Kommunikationskanal case law on the admissibility of a…
Case reported and summarized by Gregory Bacon, Bristows LLP
Mr Justice Carr is only a few months into his judicial career, but having already provided welcome guidance on the role of plausibility in…
One area where the practice of the EPO and the German Federal Court of Justice (FCJ) could not be further apart was the assessment of added matter. While the FCJ traditionally had been very lenient…
The Board of Appeal ruled that color figures contained in the application when filed could be used as a basis for amendments. The board had to deal with the problem that no original copy of the color…
Syngenta Limited (hereinafter referred to as “Syngenta”), a company governed by the laws of England and Wales, is the holder of European patent No. 0 382 375 entitled “Fungicides”. On 28 September…
August and September are traditionally vacation months in the English Courts although the Patents Court can and often does sit in September. As a result of this, not many judgments are handed down in…
The objection raised by the opponent that the protected subject matter of a divisional application extends beyond the content of the parent application does not represent a "fresh ground for…
The German Federal Court of Justice (FCJ) issued a nullity appeal judgment on 12 July 2011 in which the requirements for an amendment to be held allowable under Art. 123(2) EPC and Sec. 38 German…
