Jun 13, 2022
The deletion of a disclaimer expressly disclosed as a "non-part" of the invention in the originally filed application is not admissible if the deletion of the disclaimer results in the "non-part" then being partially…
Read more →If for acknowledgement of inventive step the patent proprietor relies on a technical effect and has submitted evidence, such as experimental data, to prove such an effect, this evidence not having been public before the…
Read more →May 22, 2022
According to the revised RPBA, the practice of the Board of Appeal not to pre-empt a question pending before the Enlarged Board of Appeal in a parallel case can also be taken into account by not announcing the decision…
Read more →May 12, 2022
If a board remits a case to the examining division for the grant of a patent in a precisely defined version, i.e. with precisely defined claims, description and drawings, the decision on the text of the patent is based…
Read more →The requirement in R 111 (2) EPC of a decision being reasoned is not met if the decision merely contains statements that at best give rise to speculation about what the deciding body might have intended to express. Such…
Read more →Apr 22, 2022
The mere discovery of a new property or capability of a particular ingredient of a known composition used for a known purpose cannot establish the novelty of a use claim (as distinguished from the facts underlying the…
Read more →During a general emergency (here: COVID-19 pandemic) impairing the parties' possibilities to attend in-person oral proceedings at the EPO premises, the conduct of oral proceedings before the Board of Appeal in the form…
Read more →Feb 4, 2022
The computer simulation of physical processes has found its way into wide areas of the economy. The decision G 1/19 now clarified the question under which conditions such a simulation can be patented. An article by our…
Read more →Dec 7, 2021
Our Christmas donation 2021 was given to “Momo Mobiles Kinderhospiz” and “Neunerhaus”. Vienna’s Pediatric Palliative Home Care Team MOMO cares for children and adolescents between the ages of 0 and 18 who are suffering…
Read more →Oct 8, 2021
Oral proceedings would serve no purpose if the parties were limited to present a mere repetition of the arguments put forward in writing. Instead, parties must be allowed to refine their arguments, even to build on them…
Read more →Sep 6, 2021
We are pleased to announce that the two Patent Attorney Trainees Matthias Scheiner and David Trauner have successfully passed the European qualifying examination (EQE) and have been included in the list of professional…
Read more →The conditions of G 1/99 for permissible exceptions from the prohibition of reformatio in peius also apply if the impermissible amendment is an undisclosed disclaimer (EPO BoA 10 February 2021, T 2277/18).
Read more →Aug 31, 2021
We relaunch our website - and reduce our firm's name to the essentials Our new website is online! We engaged Studio Riebenbauer for a redesign. With this relaunch we want to reflect on the trust our clients place in us…
Read more →Aug 25, 2021
Although the reasons for the decision under R 111(2) EPC need not deal with all the arguments of the parties in detail, they must at least deal with the decisive points of dispute. They shall deal with the relevant…
Read more →Aug 18, 2021
The fact that a judge has expressed an opinion on a legal issue that is to be decided upon in a case is not in itself and not always a ground for suspicion of partiality (see also G 3/08 and G 2/08). However, the direct…
Read more →Aug 11, 2021
Is the conduct of oral proceedings in the form of a videoconference compatible with the right to oral proceedings as enshrined in Article 116(1) EPC if not all of the parties to the proceedings have given their consent…
Read more →Not only in ex parte–, but also in inter partes appeal proceedings, a board is allowed to introduce new ex officio common general knowledge without evidence of such knowledge which prejudices maintenance of the patent,…
Read more →Jul 28, 2021
If the European Patent Office issues a promise or statement on how to act in a given area (in this case: general extensions of time limits due to the COVID 19 pandemic), the principle of legitimate expectations requires…
Read more →Jul 21, 2021
There is no provision in the EPC establishing any legal primacy of the clean version of a document over the annotated version. In the event of discrepancies between the two versions, it is therefore not a priori clear…
Read more →Jul 14, 2021
Claims in patent applications typically involve generalisations which inherently include an aspect of speculation. Patent applications in the field of medicine represent in this respect no exception. The approaches…
Read more →
We keep a close eye on recent legal developments, provide up-to-date advice, and develop strategies that turn new decisions to your advantage.
Contact us →