EPO case law: Partial Priority and First Application

For reasons of consistency, the rationale of decision G 1/15 (concept of partial priority) must also apply in the context of deciding whether an application from which priority is claimed is the first application within the meaning of Article 87 (1) EPC. Indeed, just as a priority application and a patent claiming priority therefrom may … >> read more

30.05.2018

EPO case law: If the opponent fails to respond, he acquiesces

For an opponent not to be adversely affected, the case law demands that the opponent has agreed to the maintenance of the patent in the corresponding version. As it follows from the context of the procedural provisions of the EPC, an opponent wishing to oppose the grant of a patent must state the grounds on … >> read more

23.05.2018

EPO case law: Infringement of the right to be heard

The text on the basis of which the application is granted or the patent is maintained in a decision or an interlocutory decision must be the one submitted or approved by the applicant or patent proprietor within the meaning of Article 113(2) EPC. Even if the applicant or patent proprietor has expressly delegated the adaptation … >> read more

16.05.2018

EPO case law: In opposition appeal proceedings, the principle of production of evidence applies

The publication date of a citation prior to the priority date may permissibly be contested by the patent proprietor if there are contradictory indications of the publication date (in the specific case in relation to a thesis which is dated considerably prior to the priority date but bears a library entry stamp with a date … >> read more

09.05.2018

EPO case law: Admissible appeal of a German company extinguished from the company register

Whether an opponent can be regarded as a legal entity in an ongoing opposition appeal proceedings and can validly act in these proceedings is a matter of the national law of the state where the opponent is incorporated (in this case: Germany); see decision G 1/13, point 6 of the reasons for the decision. Under … >> read more

02.05.2018
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