EPO case law: Strict requirements regarding the obligation to substantiate in the appeal

In the case of cumulative lines of argument that build on each other, a complete presentation of the reasons, as Article 108 EPC and Article 12 RPBA have always demanded, requires the presentation of all facts, which only together support the alleged legal result (here: publicity of prior use and novelty destroying anticipation of all … >> read more


EPO case law: Requirements regarding public prior use

According to the decision in G 1/92 of the EBA, the chemical composition of a product belongs to the state of the art if the product itself is accessible to the public and can be analysed and reproduced by a person skilled in the art. Point 1.4 of the reasons for the decision of this … >> read more


EPO case law: In opposition appeal proceedings, the principle of production of evidence applies

The publication date of a citation prior to the priority date may permissibly be contested by the patent proprietor if there are contradictory indications of the publication date (in the specific case in relation to a thesis which is dated considerably prior to the priority date but bears a library entry stamp with a date … >> read more


EPO case law: Delayed in-house searches

If the opponent asserts a public prior use in the opposition proceedings at a late stage, there are good reasons not to differentiate in the admission decision between whether the opponent has conceded deliberately holding back this piece of prior art or whether he claims not to have searched earlier. Fairness and the obligation to … >> read more


State of the Art and Bifurcation

According to German Patent Law the courts are bound by the grant of a patent by the respective Patent Office. In consequence thereof they cannot hold a patent as null and void: an action for declaration of non-infringement cannot be based on the lack of patentability of the patent. However, a defence against an infringement … >> read more



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