EPO case-law: No “last chance” for the patentee at the oral hearing

Pursuant to Art. 13 RPBA, it is at the discretion of the BoA whether auxiliary requests are admitted to the proceedings after the statement of grounds of appeal or after the reply. Since, in the preliminary opinion which it enclosed with the summons to the oral hearing, the BoA announced its possible reservations with regard … >> read more


“Firm of the Year”

We are proud to announce that Sonn & Partner on basis of an international survey was voted to be the Austrian “Firm of the Year” by the renowned international professional journal Managing Intellectual Property (MIP). We are pleased to see that our dedicated work is valued and recognized by clients and colleagues from all over … >> read more


EPO case law: Delayed in-house searches

If the opponent asserts a public prior use in the opposition proceedings at a late stage, there are good reasons not to differentiate in the admission decision between whether the opponent has conceded deliberately holding back this piece of prior art or whether he claims not to have searched earlier. Fairness and the obligation to … >> read more


EPO case law: Principle of party disposition and public interest

An interpretation of a patent claim mutually agreed upon by the parties to the proceedings is not binding on the BoA. The principle of disposition is not to be understood in such a way that the parties to the proceedings can choose an interpretation which they themselves are satisfied with, but which could be of … >> read more



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