Hands-on commentary on UPC decisions, key developments in IP law, and news from SONN.
Jan 23, 2025
The signature requirement under Rule 113(1) EPC applies to the written decision including its reasoning. The purpose of this requirement is only fulfilled if there is an unbroken chain of clear personal responsibility…
Read more →Jun 1, 2023
It is not possible to determine in general terms how many starting points an opposition division must take into account when examining inventive step as the fictitious closest prior art in the "problem-solution…
Read more →The refusal of a Board of Appeal to decide on a pending request is a fundamental procedural defect within the meaning of Art 112a(2)(d) EPC. In such a case, the decision of the Board of Appeal is to be set aside and the…
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…
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