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Petitions for Review by the Enlarged Board of Appeal

Petitions for Review by the Enlarged Board of Appeal

by | Mar 1, 2016 | EPO

Under Article 112a EPC a party to appeal proceedings may file a petition for review of the decision by the Enlarged Board of Appeal. One instance is where a fundamental procedural defect occurred during the appeal proceedings and the petitioning party was adversely...

Current European Disclaimer Practice

by | Sep 1, 2015 | EPO

Undisclosed disclaimer – disclaimed features are not disclosed in original application. Disclosed disclaimer – disclaimed features are disclosed as an embodiment of the invention. EPO decision G1/03 sets out a limited number of circumstances in which undisclosed...
The Sanctity of the Embryo

The Sanctity of the Embryo

by | Jan 1, 2013 | EPO

The case concerns questions referred to the EBA following refusal of European patent application No. 96903521.1 (Publication No. EP0770125, the “WARF application”) in the name of Wisconsin Alumni Research Foundation, relating to “Primate ES cells”. Oral Proceedings...
The (European) WARF Decision

The (European) WARF Decision

by | Jan 1, 2013 | Briefings, EPO

The WARF decision is out: the Enlarged Board of Appeal (EBA) has held that the WARF invention required, at the time of filing, destruction of an embryo. Whatever the claims covered, this inevitable embryo destruction meant the application had to be refused. The...
Edinburgh Patent Appeal Withdrawn

Edinburgh Patent Appeal Withdrawn

by | Jan 1, 2007 | EPO

The patent was granted in 2001 and alleged by many to relate, intentionally or otherwise, to human cloning. This latter concern was rapidly extinguished but the patent was nevertheless opposed by 14 parties, principally on the ground of lack of morality, leading to a...