The appellant in this case filed a statement of grounds against the decision of the examining division to refuse a patent application. For the main request this statement only stated that it was…
A claim violates Article 123(2) EPC when an added claim term has two reasonable interpretations, one of which violates article 123(2) EPC. An amendment selecting the interpretation that does not…
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 Federal Court of Justice further clarifies the scope of disclosure of a prior art document and the criteria for determining inventive step after the landmark decision ‘Olanzapin’. More…
In these infringement proceedings before the Preliminary Relief Judge of the District Court of The Hague the defendant argued that the claimants should not have received an SPC for valaciclovir,…
The Examining Division had refused a patent application for a method and system of processing a payment card transaction. Before the Board of Appeal, the applicant requested suspension of the…
The German Federal Supreme Court decided that a forwarder has no procedural obligation to provide essential information for an eligible denial. Hence, a forwarder can plead ignorance concerning the…
The Federal Court of Justice confirmed the legal reasoning of the Federal Patent Court that a company that continued the business of another company, while it was founded independently from the…
The European Court of Justice held that Article 3(c) of EEC Directive no. 1768/92, in light of Article 3(2) of EC Directive no. 1610/96, does not oppose the granting of an SPC to the holder of a…
