EPO Case law: No categorical prohibition of double patenting

Art 125 EPC: It does not seem to be categorically ruled out that there may be a situation in which an applicant has a legitimate interest in the grant of a second patent with the same effective date for the same claimed subject-matter if he already possesses one such granted patent. This would also not … >> read more

28.01.2019

Lack of clarity of an auxiliary request

The general admissibility of auxiliary request in appeal proceedings for the purpose of maintaining a limited form of the patent has already been affirmed by the Vienna Appeal Court in 34 R 16/15w, Bodenbearbeitungsgerät. Objections to clarity are not grounds for opposition, but must be examined in opposition proceedings if changes have occurred, for example … >> read more

21.01.2019

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

Fabian Stanke becomes partner with SONN & PARTNER Patentanwälte

We are pleased to announce that Patent and Trademark Attorney Fabian Stanke joins the firm as partner. Fabian Stanke began his training in our firm in 2012. In 2015, he became a European Patent Attorney. In 2017 he mastered the Austrian bar exam to become an Austrian Patent Attorney. He specialises in the technical fields … >> read more

07.01.2019

Equivalent arrangement of the heating surface of a grill tray

The patent in dipute provides that the outer edge of the heating surface of the protected grill tray is connected to the cut edge of the furnace pan. With the controversial grill bowl the outer edge of the heating surface lies slightly outside the cut edge of the furnace tub. This slight projection of the … >> read more

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