EPO case law: Costs of a late cancellation

In principle, in procedure before the EPO, each party meets its own costs. Under Art 104(1) EPC and Art 16(1)(c) RPBA, however, the BoA may, on request and on grounds of equity, order a different apportionment of costs for acts or omissions prejudicing the timely and efficient conduct of the oral proceedings. There is no … >> read more


EPO case law: Patentability of plants: Implementing Regulations are not EPC-compliant

In decisions G 2/12 and G 2/13, the EBA of the EPO concluded that the scope of application of the term “essentially biological processes for the breeding of plants” in Art 53 lit b EPC is interpreted to the effect that product inventions where the claimed subject-matter is directed to plants or plant material such … >> read more


EPO case law: Novelty due to high degree of purity

A claim defining a compound as having a certain purity lacks novelty over a prior-art disclosure describing the same compound only if the prior art discloses the claimed purity at least implicitly, for example by way of a method for preparing said compound, the method inevitably resulting in the purity as claimed. Such a claim, … >> read more


EPO case law: Transfer of partial priorities

In connection with generic “OR” claims within the meaning of the decision on partial priorities G 1/15, the right of a partial priority can be transferred independently of the generic priority right. However, such a transfer implies that the remaining generic priority right is limited. The applicant of the first application cannot transfer such a partial … >> read more


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



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