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


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


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


Christmas donation 2018

Our Christmas donation 2018 was given to “Barmherzige Schwestern” and “DEBRA Austria”. Since 170 years, the Barmherzigen Schwestern have been nurturing and accompanying sick and elderly people, following the Vincentian mission, conscious of the spirituality and tradition of the religious order. As a self-help organization, DEBRA Austria has set itself the goal of providing competent … >> read more


Supreme Court examines patent case concerning limitation period

The general limitation period for juridical actions in Austria is 30 years. However, particular laws can stipulate shorter or longer limitation periods. For example, for claims in patent infringement cases, the limitation period is generally three years. This period begins from the time when knowledge of the infringement and the infringing person is obtained. In … >> read more



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