by Carolyn Haywood | Oct 27, 2022 | EPO
In February 2022 we reported on the Written Decision issued in T 116/18, which confirmed the scope of the referral to the Enlarged Board of Appeal (EBA) of the European Patent Office (EPO) regarding the use of post-published evidence for establishing a technical...
by David Eyre | Oct 18, 2022 | EPO
This case concerned an appeal from a decision of the Opposition Division to maintain an opposed patent in amended form (European Patent No. EP2876903). During the Opposition Proceedings the Opponent filed prior-art document D17 in response to the Patentee’s reply to...
by George Schlich | Jul 19, 2022 | EPO
A copy of our Amicus Curiae brief is reproduced below and can be downloaded here: Schlich Amicus Curiae – 18 July 2022. Executive Summary These combined referrals from Board 3.3.04, G1/22 and G2/22, are both headed “Entitlement to priority” [1]. Decision T844/18...
by Alex Bajjon | Apr 29, 2022 | EPO
Background Following T 1989/18, many applicants of European patents were of the view that Examining (and Opposition) Divisions could no longer require them to amend the descriptions of their applications prior to grant, so that they conform with the claims. By...
by Sean Hughes | Apr 12, 2022 | Briefings, EPO
Overview T 0013/20 concerns the refusal of a patent application with a priority date in July 2004, where the relevant citation is D2: W.E. Ryan: “An Introduction to LDPC Codes”, XP002336953, pp. 1-23. A date of “August 19, 2003” – i.e. before the priority...
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