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30 June 2022

R 0005/13 - An opponent is not entitled to be heard on inventive step attacks starting from other documents

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Key points R 5/13 was issued in 2014, i.e. before this blog started. Still, it warrants a post, partly based on Mr. Bausch's article  on...
29 June 2022

T 0454/18 - Proof of internet publication

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Key points  The opponent produced sufficient evidence in 2015 of a web publication in 2006 (before the priority date) by a combination of we...
28 June 2022

T 2377/18 - CPA and binding effect starting point

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Key points This decision illustrates the substantive aspects of the choice of the starting point document for the problem-solution approach....
1 comment:
27 June 2022

T 0582/19 - Lapse of patent in all states

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Key points Rule 84(1) provides that: "If the European patent has been surrendered in all the designated Contracting States or has lapse...
24 June 2022

T 1732/18 - Phase I clinical trial data do not kill patent

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Key points It seems there were 15 opponents in this pharma case. The file is almost 9.000 pages.  The decision is dated 27.10.2021 and was n...
23 June 2022

T 2766/17 - Statements in the description contradicting the plain claim wording

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Key points "It is established case law that if the patentee amends its claims, it has to bring the description into line with them (see...
22 June 2022

T 0339/19 - Interpreting Art. 13(2) RPBA (and legal peace)

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Key points Art. 13(2) RPBA is a provision that requires some interpretation for its correct application, in my view. In this decision, Board...