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30 December 2022

T 0239/20 - (II) Review of findings of fact (IV)

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Key points Board 3.2.01 reviews the OD's finding, that the alleged public prior use was proven, for errors in the reasoning. The Board s...
27 December 2022

T 0239/20 - (I) Complete appeal case

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Key points The OD finds the operative claim to be novel over the asserted public prior use by two features of the claim. The opponent addres...
23 December 2022

T 0732/21 - The purpose of the RPBA (and legal peace)

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Key points  Board 3.4.01 recalls the purpose of the RPBA: "the purpose of [Articles 12 and 13 RPBA] is not, in itself, the refusal to c...
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22 December 2022

Visser's Annotated EPC - December supplement and update

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Key points The yearly PDF supplement to update the 2022 edition of the paper book for the EQE 2023, is now available here  and also here:  h...
19 December 2022

T 0465/19 - A non-obvious alternative solution

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Key points  " The [opponent] cited the decision T 939/92 for the present situation. The appellant argues that, since all cited document...
15 December 2022

T 0752/17 - No dominant patent could exist

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Key points This decision was taken at the oral proceedings of 24.03.2021. The written decision was issued 26.10.2022, i.e. more than a year ...
12 December 2022

T 0128/82 - Inventive step of product claims

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Key points This is a decision from the archives. Let's assume a patent with a single claim directed to a single compound X. The claim is...