Cogent reasons for late-filed auxiliary requests in appeal proceedings
If all objections dealt with in a communication of the Board of Appeal were already subject of the previous proceedings, this communication cannot justify the existence of exceptional circumstances within the meaning of Art 13 (2) RPBA 2020, which would allow a delayed filing of auxiliary requests. In particular, the fact that the Board of … >> read more
Other people’s trade marks – under what circumstances may I use them without asking for permission?
Questions relating to the use of third parties’ trade marks in the context of one’s own advertising material are not as uncommon as they may seem at first glance: May I display the logo of the manufacturer of the equipment whose servicing I offer without their consent? Am I allowed to advertise with the car … >> read more
The Board of Appeal is competent to review questions of fact
The Board of Appeal is empowered to review appealed decisions in their entirety, including questions of law and fact. This even applies to findings of fact of the first instance, even if these are at least partly based on witness evidence (EPO Board of Appeal 7/12/2020, T 1604/16).
Animal suffering not balanced by the benefit to mankind
It must be examined in each case whether the benefit of an invention to mankind is so great that it weighs up animal suffering caused in the production of the subject matter of the invention. The commercial exploitation of the invention of a pharmaceutical preparation is contrary to public policy or morality if there is … >> read more
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R 103 (4) lit c EPC it is not a requirement for reimbursement of appeal fees that any request for oral proceedings is withdrawn within one month of notification of the communication issued by the Board of Appeal in preparation for the oral proceedings.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