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A plurality of independent claims in the same claim category are only allowable in the exceptional circumstances listed in Rule 43(2)(a), (b) and (c). The applicant has the burden of showing "that one of the exceptions under Rule 43(2) EPC apply". [12] Rule 43(2) is only applicable during examination proceedings, not in opposition proceedings. [13]
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 European Patent Convention (EPC), also known as the Convention on the Grant of European Patents of 5 October 1973, is a multilateral treaty instituting the European Patent Organisation and providing an autonomous legal system according to which European patents are granted. The term European patent is used to refer to patents granted under ...
A first aspect relating to the infringement of European patents which is prescribed in the EPC is the extent of protection conferred by a European patent. Article 69(1) EPC reads: The extent of the protection conferred by a European patent or a European patent application shall be determined by the claims. Nevertheless, the description and ...
Estoppel certificate. An Estoppel Certificate (or Estoppel Letter) is a document commonly used in due diligence in real estate and mortgage activities. It is based on estoppel, the legal principle that prevents or estops someone from claiming a change in the agreement later on. [1] It is used in a variety of countries for commercial and ...
The much stricter approach to claim construction became open to review after 1977, when the UK joined the European Patent Convention (EPC). Under the Protocol on the Interpretation of Article 69, the Convention required the UK courts to maintain a balance between interpreting patent claims with strict literalism (the description and drawings ...
The Guidelines for Examination in the European Patent Office (or, for short, the EPO Guidelines) are general instructions, for the examiners working at the European Patent Office (EPO) as well as for the parties interacting with the EPO, on the practice and procedure at the EPO in the various aspects of the prosecution of European patent applications and European patents.
In European patent law, the limitation and revocation procedures before the European Patent Office (EPO) are post-grant, ex parte, [ 1] administrative [ 2] procedures allowing any European patent to be centrally [ 3] limited by an amendment of the claims or revoked, respectively. [ 4] These two procedures were introduced in the recently revised ...