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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 ...
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 ...
The EPC also contains provisions regarding novelty, with Article 54(1) EPC 1973 providing that "[a]n invention shall be considered to be new if it does not form part of the state of the art." Article 54(2) to (4) EPC 1973 also define what the state of the art comprises. Further, Article 54(5) EPC 1973 provided the following exception:
Casa de Cadillac is a Cadillac-Buick-GMC dealership located at 14401 Ventura Boulevard, in Sherman Oaks, California. Due to its classic Googie architecture and tenure in the area, the dealership building, built in 1949, has become an architectural landmark in the San Fernando Valley. [1] [2]
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 decision G 1/09, the Enlarged Board of Appeal held that "In the case where no appeal is filed, a European patent application which has been refused by a decision of the Examining Division is thereafter still pending within the meaning of Rule 25 EPC 1973 (Rule 36(1) EPC) until the expiry of the time limit for filing a notice of appeal." [26]
G 3/08 is a referral of the President of the EPO under Article 112(1)(b) EPC. Under Article 52(2)(c) EPC, the patentability of programs for computers is excluded. However, Article 52(3) EPC provides that this exclusion only applies to the extent to which a European patent application or European patent relates to such programs for computers "as ...
G 1/09 is a decision issued on 27 September 2010 by the Enlarged Board of Appeal of the European Patent Office (EPO), holding that, following refusal of a European patent application, the application remains pending until the expiry of the time limit for filing a notice of appeal, so that a divisional application under Article 76 EPC may be filed even after the refusal of an application.