EPO case law: Costs of a late cancellation
In principle, in procedure before the EPO, each party meets its own costs. Under Art 104(1) EPC and Art 16(1)(c) RPBA, however, the BoA may, on request and on grounds of equity, order a different apportionment of costs for acts or omissions prejudicing the timely and efficient conduct of the oral proceedings. There is no … >> read more
EPO case law: Patentability of plants: Implementing Regulations are not EPC-compliant
In decisions G 2/12 and G 2/13, the EBA of the EPO concluded that the scope of application of the term “essentially biological processes for the breeding of plants” in Art 53 lit b EPC is interpreted to the effect that product inventions where the claimed subject-matter is directed to plants or plant material such … >> read more
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
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
MATTHIAS BRUNNER REGISTERED AS AUSTRIAN PATENT ATTORNEY
We are pleased to announce that Dr Matthias Brunner, a graduate of the University of Vienna in the subject of molecular biology, successfully passed the Austrian Patent Attorney Examination in November 2018, following passing the qualifying examination for professional representatives before the European Patent Office in 2017. He is registered in the list of Austrian … >> read more