EPO case law: Business person and technical expert in computer-implemented inventions

The notional business person might come up with an abstract idea (in this case: avoiding the customer having to provide PIN and account information to the merchant). However, if the invention requires a new infrastructure, new devices and a new protocol involving technical considerations – linked to modified devices and their capabilities as well as … >> read more

19.10.2020

EPO case law: Admissibility of new attacks and late-filed foreign language documents

A new attack on inventive step which is launched in response to and by using documents filed by the patent proprietor with his response to the notice of opposition are not per se to be considered late-filed. It may be admitted into the opposition proceedings for equality of arms, even if the documents are finally … >> read more

28.09.2020

EPO case law: Late-filed facts may be inadmissible

New arguments, which are submitted at a late stage, shall in principle be admitted into the proceedings (in confirmation of decision T 1914/12). However, the board has the discretion not to admit late-filed objections under Art 114(2) EPC if these objections are based on new allegations of fact (even if these facts result, for example, … >> read more

21.09.2020

EPO case law: Repeated requests shall be treated as new requests

Requests can be withdrawn explicitly or implicitly. An implicit withdrawal exists if it is clear from the circumstances that a request is not pursued further. If requests, which were initially filed in appeal proceedings and subsequently explicitly or implicitly withdrawn, are later resubmitted, their admissibility is decided on the basis of the procedural rules of … >> read more

14.09.2020

EPO case law: No negative burden of proof in the statement of opposition

According to the rules on the burden of proof applicable under the EPC, each party has to present and prove the facts that are favourable to it – the principle of “negativa non sunt probanda” applies. Accordingly, the prior use of handing over an item to a buyer must be presented and proven by the … >> read more

07.09.2020
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