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

10.05.2019

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

19.04.2019

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

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

EPO Case law: Inadmissibility of anticipated assessment of evidence

Art 113(1) EPC: It is the opponent’s responsibility to present all facts relevant to an alleged prior use and to offer suitable evidence (pursuant to Art 117(1) EPC inter alia documents, objects of inspection and witnesses). If witnesses are only to confirm the facts previously submitted, the relevant facts are not brought into the proceedings … >> read more

31.12.2018
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