EPO Archives - Page 13 of 23

G 1/21 – Enlarged Board of Appeal Set to Consider the Legality of Oral Proceedings held by Videoconference Without the Parties’ Consent

by Carolyn Haywood | Mar 1, 2021 | EPO

The context of the referral The parties to the proceedings in T 1807/15 were originally summoned to in-person Oral Proceedings scheduled for 3 June 2020. Due to the COVID-19 pandemic, the Oral Proceedings were postponed to 8 February 2021. On 8 January 2021, the...

EPO Board of Appeal Overturns Opposition Division’s Finding of Fact

by Alex Bajjon | Jan 1, 2021 | EPO

Previous Case Law It has previously been well-established that the EPO Boards of Appeal should not generally overturn findings of fact made by first instance examination or opposition decisions. EPO Decision T 1418/17 set out a limited number of circumstances in which...

T844/18 Confirms Legal Certainty in the EPO’s Consistent Interpretation of the Priority Provisions in Art. 87(1) EPC

by | Nov 1, 2020 | EPO

Overview of decision On 6 November 2020, the EPO Technical Board of Appeal (TBA) formally (and finally) handed down its written decision in T844/18 relating to priority and confirmed revocation of the Broad Institute Inc.’s CRISPR/Cas9 patent EP2771468[3]. This...

EPO Casts Light on Opponents’ Masked Clarity Attacks

by Alex Bajjon | Sep 1, 2020 | EPO

EPO Decision T1285/15 relates to an appeal from an Opposition Decision to maintain (in amended form) European Patent No. EP1567358 owned by De La Rue International Limited. The patent relates to security devices, for example those used to verify the authenticity of...

The London Agreement (Updated 15 September 2020)

by Dr Andrew Clements | Sep 1, 2020 | EPO

Previously, most contracting states of the European Patent Convention (EPC) require the filing of a translation of the specification in order for a granted European patent to come into force in that state. This validation process and, in particular, the requirement...

Acknowledgement of a Procedural Violation

by Juliette Boynton | Jun 1, 2020 | Briefings, EPO

A very rare Appeal Decision by the European Patent Office has recently been issued in which a substantial procedural violation by the Office has been acknowledged meaning that an appeal fee was refunded. This Decision also provides useful guidance on how to...