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This is a list of decisions and opinions of the Enlarged Board of Appeal of the European Patent Office (EPO) in chronological order of their date of issuance. The list includes decisions under Article 112(1)(a) EPC (following a referral from a Board of Appeal), opinions under Article 112(1)(b) EPC (following a referral from the President of the EPO), "to ensure uniform application of the law ...
R 7/09 [5] was a petition for review of T 27/07 [6] and is the very first case in which a petition for review was successful since the institution of the procedure. In that case, the Enlarged Board of Appeal held that a violation of the right to be heard (a right guaranteed by Article 113(1) EPC) occurred during the underlying appeal proceedings, because the Board of Appeal apparently failed ...
Under the European Patent Convention (EPC), a petition for review is a request to the Enlarged Board of Appeal of the European Patent Office (EPO) to review a decision of a board of appeal. The procedure was introduced in Article 112a EPC when the EPC was revised in 2000, to form the so-called "EPC 2000". [1]
March 19, 1986, T 51/84 (Coded distinctive mark/Stockburger). [2] The Board held that if a claim focuses solely on procedural steps involved in applying a coded distinctive mark to an object without indicating or presupposing technical means for carrying them out, a process of this kind is excluded from patentability by Article 52(2)(c) and (3) EPC.
In the meantime, a special edition of the EPO Official Journal is issued each year summarizing the most recent case law of the boards of appeal. [ 4 ] Sir Robin Jacob , a former British judge specialized in intellectual property law, considered, in 2011, the book nothing short of "a very very good book (...) a super book", carrying on saying ...
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An intervener who intervened during appeal proceedings is, however, not treated as appellant, but merely as party as of right within the meaning of Article 107(second sentence) EPC. This has the consequence that, if the sole appellant withdraws their appeal, the appeal cannot continue with only an intervener who intervened during the appeal. [72]
The California Reporter of Decisions is a reporter of decisions supervised by the Supreme Court of California responsible for editing and publishing the published opinions of the judiciary of California. The Supreme Court's decisions are published in official reporters known as California Reports and the decisions of the Courts of Appeal are ...