SONN Patentanwälte – IP Attorneys

Referrals to the Enlarged Board of Appeal

If for acknowledgement of inventive step the patent proprietor relies on a technical effect and has submitted evidence, such as experimental data, to prove such an effect, this evidence not having been public before the filing date of the patent in suit and having been filed after that date (“post-published...

Decisions need to be reasoned

The requirement in R 111 (2) EPC of a decision being reasoned is not met if the decision merely contains statements that at best give rise to speculation about what the deciding body might have intended to express. Such a decision constitutes a substantial violation of the right to be heard and must...