Non-obvious fastening of storage elements of an oven

The main difference between the patent in dispute and the closest prior art is that a convection chamber of the oven according to the invention is formed, on the one hand, by storage elements which are held by means of brackets attached to the outer wall of the combustion chamber and which are in direct … >> read more

24.12.2018

Enabling Disclosure

The applicant applied for a patent under the title “anti snoring baloon”. The application contained no (patent) claims only a description and a test report. The description mentioned the desired properties of the balloon and the effects to be achieved in its application, but did not disclose the technical characteristics which lead to the solution. … >> read more

30.04.2018

The right to be heard and the obligation to state reasons

If, for the first time in the contested decision a document is cited which in view of the patent office anticipates the claimed subject without giving the applicant the opportunity to comment on it beforehand, the applicant’s right to be heard is infringed. Rejection due to lack of novelty and inventive step requires verifiable justification. … >> read more

15.02.2018

patented black

News that British sculptor Anish Kapoor had obtained “exclusive rights” on the colour VantaBlack® – the “blackest black” – caused quite a stir in the media early this year. Patenting colours – is this even possible? Yet the progression of patent practice used to be closely intertwined with the development and patenting of synthetic dyes. … >> read more

25.07.2016

High Standard of Proof for Internet Publications

In a recent decision, the Austrian Patent Appeal Board had to decide on the question whether an internet disclosure was proven to be published before the priority date of the patent in suit. In this decision, the Patent Appeal Board clarified that disclosures on the internet certainly do belong to the prior art. However, in … >> read more

01.09.2013
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