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EPO headquarters in Munich, Germany, where the Boards of Appeal were based until 2017.. Decisions of the first instance departments of the European Patent Office (EPO) can be appealed, i.e. challenged, before the Boards of Appeal of the EPO, in a judicial procedure (proper to an administrative court), as opposed to an administrative procedure. [1]
Until a decision of the Enlarged Board of Appeal of the EPO of 1994, namely G 9/93 (reverting earlier decision of the same instance of 1985, namely G 1/84), it was possible for the proprietor of a European patent to oppose its own patent with the aim of centrally limiting it.
Overall, about 5.5-6% of the European patents granted by the European Patent Office are opposed. [45] [51] [78] Of those, over the course of 1980–2005, about 1/3 were revoked, 1/3 were maintained in an amended form, which generally means "reduced in scope", and 1/3 were maintained as granted, that is, the opposition was rejected.
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 ...
This list provides a guide to decisions of the Boards of Appeal of the European Patent Office (EPO) relating to Article 52(2) and (3) EPC. These decisions touch the issue of patentable subject-matter under the European Patent Convention (EPC). The accompanying notes offer an explanation as to the content of the decision.
The book is also known as the "White Book", [2] and it was reported to be in 2012 the best-selling publication of the EPO. [3] The White Book is published every three to four years. 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]
The European Patent Convention (EPC), the multilateral treaty providing the legal system according to which European patents are granted, contains provisions regarding whether a natural or juristic person (i.e., a party to the proceedings) needs to be represented in proceedings before the European Patent Office (EPO).
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]