EPO case law: GDPR is no basis for exclusion from file inspection

A party requesting the exclusion of certain documents from inspection under Art 128(4) EPC may not successfully rely on the provisions of the GDPR because it is not binding on the European Patent Organisation (EPO BoA 12 April 2019, T 851/18).


EPO case law: patentability of implants

A device defined by a feature which can only be generated by a surgical or therapeutic step (here: an implantable device for desynchronizing the activity of pathologically active brain areas comprising means for stimulating brain regions) is excluded from patenting under Article 53 (c) EPC. In continuation of T 775/97 (EPO BoA 15 February 2019, … >> read more


EPO case law: NDA for experts is irrelevant

The appalent’s request not to admit the declaration of an expert, since the latter is bound by an NDA and is therefore not entitled to make statements on the experiments he made, cannot be granted: In order to comply with that request, the Board of Appeal would have to examine the content and validity of … >> read more


EPO case law: approval of Druckexemplar not in every case irreversible

Rule 71(5) of the EPC Implementing Regulations, according to which the payment of the required fees and the filing of the required translations of the claims shall be deemed to constitute agreement with the Druckexemplar of the European patent, shall apply only if the version of the Druckexemplar in which the Examining Division intends to … >> read more


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



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