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R – Enlarged Board of Appeal (petitions for review under Article 112a EPC) [98] T – Technical Board of Appeal; J – Legal Board of Appeal; D – Disciplinary Board of Appeal; W – Decision concerning PCT reserves under Rule 40.2 PCT or Rule 68.3 PCT [99] Art. 23 – Enlarged Board of Appeal (proposals to the Administrative Council under ...
The Case Law of the Boards of Appeal of the European Patent Office is a book, published by the European Patent Office (EPO), which summarizes the body of case law on the European Patent Convention (EPC) developed by the Boards of Appeal of the EPO since the EPC entered into force at the end of the 1970s.
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 procedure was introduced in Article 112a EPC when the EPC was revised in 2000, to form the so-called "EPC 2000". [1] A petition for review can essentially only be based on a fundamental procedural defect. [1] Its purpose is not to obtain a reconsideration of the application of substantive law, such as points relating to patentability.
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.
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 ...
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]
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.