In the context of assessing inventive step, a computer-implemented simulation of a technical system or process that is claimed as such can solve a technical problem by producing a technical effect going beyond the…
Read more →Im Rahmen der Beurteilung der erfinderischen Tätigkeit wird eine computerimplementierte Simulation eines technischen Systems, die als solche beansprucht wird, als eine technische Aufgabe lösend angesehen, sofern sie…
Read more →Jun 1, 2021
If all objections dealt with in a communication of the Board of Appeal were already subject of the previous proceedings, this communication cannot justify the existence of exceptional circumstances within the meaning of…
Read more →May 19, 2021
Questions relating to the use of third parties' trade marks in the context of one's own advertising material are not as uncommon as they may seem at first glance: May I display the logo of the manufacturer of the…
Read more →May 18, 2021
The Board of Appeal is empowered to review appealed decisions in their entirety, including questions of law and fact. This even applies to findings of fact of the first instance, even if these are at least partly based…
Read more →May 4, 2021
It must be examined in each case whether the benefit of an invention to mankind is so great that it weighs up animal suffering caused in the production of the subject matter of the invention. The commercial exploitation…
Read more →Apr 20, 2021
According to the wording of R 103 (4) lit c EPC it is not a requirement for reimbursement of appeal fees thatanyrequest for oral proceedings is withdrawn within one month of notification of the communication issued by…
Read more →Apr 6, 2021
Participation of an accompanying person in physically conducted oral proceedings by means of video conferencing software installed on the representative's laptop is not allowed. Currently, hearings before the Board of…
Read more →Mar 30, 2021
In a recent decision (133R138/19w), the Vienna Higher Regional Court deals with the correct application of the problem-solution approach in the assessment of inventive step. The starting point was a dispute between…
Read more →(i) The Board of Appeal is empowered to and must assess the validity of a priority right claim as required by Art 87 (1) EPC; (ii) the BoA’s interpretation of the expression “any person” in Art 87 (1) EPC confirms the…
Read more →Mar 9, 2021
According to established case law of the Board of Appeal, Art 69 (1) EPC and the Protocol on its Interpretation refer to the “scope of protection” granted by the European patent or the European patent application. This…
Read more →Dec 29, 2020
If amendments to the application documents which aim to overcome objections of lack of support by the description or lack of clarity which were raised in the summons to the proceedings before the appeal proceedings lead…
Read more →With regard to the evaluation of the relevant facts by the Opposition Division, it must be considered that the principle of free evaluation of evidence is recognized to apply before the EPO, which must also impact the…
Read more →Dec 4, 2020
Our Christmas donation 2020 was given to “Vinzenzgemeinschaft” and “die möwe”. TheVinzenzgemeinschaft St. Stephanassociation operates an emergency shelter and residential buildings for homeless people, financed…
Read more →Dec 1, 2020
A statement such as "the next procedural step will be the summons to oral proceedings during which the application will be refused" made before a final decision to refuse a patent application may infringe a party’s…
Read more →Nov 17, 2020
With the decision 133 R 99/19k of the Higher Regional Court of Vienna dated January 21, 2020, the first instance revocation of the patent E 303 802 (Austrian part of EP 1 439 829 B1) was confirmed. In short, the…
Read more →Nov 11, 2020
In a groundbreaking decision (4 Ob 119/20h) the Austrian Supreme Court abandoned its previous stance and adopted the "any hardware" approach of the European Patent Office to assess technicality of a computer-implemented…
Read more →The mere general reference to the COVID-19 pandemic and the associated health risks when traveling within Germany to the Boards of Appeal in Munich is not sufficient (in June 2020) to justify the fixing of a new date…
Read more →In the case of cumulative lines of argument that build on each other, a complete presentation of the reasons, as Article 108 EPC and Article 12 RPBA have always demanded, requires the presentation of all facts, which…
Read more →Oct 26, 2020
The "weather" is not a technical system that the skilled person can improve, or even simulate with the purpose of trying to improve it. It is a physical system that can be modelled in the sense of showing how it works.…
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