Requirement for reimbursement of appeal fees

According to the wording of R 103 (4) lit c EPC it is not a requirement for reimbursement of appeal fees that any request for oral proceedings is withdrawn within one month of notification of the communication issued by the Board of Appeal in preparation for the oral proceedings. It is rather sufficient that one … >> read more

20.04.2021

No hybrid hearing format before the Boards of Appeal

Participation of an accompanying person in physically conducted oral proceedings by means of video conferencing software installed on the representative’s laptop is not allowed. Currently, hearings before the Board of Appeal are not held in a hybrid format where parties participate in the hearing partly physically and partly via video conferencing software (EPO Board of … >> read more

06.04.2021

The abysses of the problem-solution approach

In a recent decision (133R138/19w), the Vienna Higher Regional Court deals with the correct application of the problem-solution approach in the assessment of inventive step. The starting point was a dispute between beekeepers about whether a mite control apparatus or a process carried out with it infringes an Austrian patent. In this process, honeycombs containing … >> read more

30.03.2021

Examination of priority claims is independent of national law

(i) The Board of Appeal is empowered to and must assess the validity of a priority right claim as required by Art 87 (1) EPC; (ii) the BoA’s interpretation of the expression “any person” in Art 87 (1) EPC confirms the long-established “same applicants approach” according to which the applicants of a first application can … >> read more

23.03.2021

Interpretation of claims in the light of the description

According to established case law of the Board of Appeal, Art 69 (1) EPC and the Protocol on its Interpretation refer to the “scope of protection” granted by the European patent or the European patent application. This “scope of protection” is of importance especially in patent infringement proceedings. In examination and opposition proceedings, however, the … >> read more

09.03.2021
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