EPO Case law: Late arguments to be admitted

Art 114(2) EPC: Arguments submitted in appeal proceedings are admissible in any event, provided that they are based on facts already in the proceedings, even if they are put forward for the first time at a late stage of the proceedings (contrary to T 1621/09). The BoA has no discretionary power in this regard (EPO … >> read more

14.01.2019

EPO Case law: Inadmissibility of anticipated assessment of evidence

Art 113(1) EPC: It is the opponent’s responsibility to present all facts relevant to an alleged prior use and to offer suitable evidence (pursuant to Art 117(1) EPC inter alia documents, objects of inspection and witnesses). If witnesses are only to confirm the facts previously submitted, the relevant facts are not brought into the proceedings … >> read more

31.12.2018

EPO Case law: Expert evidence from former BoA members

Art 117 EPC: Expert evidence should assist the BoA in matters which lie outside the expertise of its members. An expert opinion of a former board member, which was submitted as expert evidence with regard to the application of Art 76(1) EPC to the facts at issue, cannot, however, add any evidential value to the … >> read more

17.12.2018

EPO case law: Interpretation of purposes in method claims

In the context of a method it is important to differentiate between different types of stated purpose, namely those that define the application or use of a method, and those that define an effect arising from the steps of the method. Where the stated purpose defines the specific application of the method, in fact it … >> read more

29.08.2018

EPO case law: Requirements regarding public prior use

According to the decision in G 1/92 of the EBA, the chemical composition of a product belongs to the state of the art if the product itself is accessible to the public and can be analysed and reproduced by a person skilled in the art. Point 1.4 of the reasons for the decision of this … >> read more

01.08.2018
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