by Eddie Bishop | Feb 3, 2023 | EPO
Background Historically (pre-2019), a subrange was considered novel over the prior art if the following criteria were met (T198/84 and T279/89): a) The selected subrange is narrower than the known range; b) The selected subrange is sufficiently far removed from any...
by Dr Carolyn Haywood | Jan 11, 2023 | EPO
Timeline of events The applicant filed a Petition for Review against the ‘decision’ of the Board of Appeal in T 0695/18 of 5 October 2021 not to consider their submissions of 29 September and 5 October 2021 respectively. The Petition for Review was based on (i)...
by Sean Hutchinson | Dec 22, 2022 | EPO
Background In 2019, the European Patent Office (EPO) set out its Strategic Plan 2023, detailing a series of proposed updates and reforms to its working practices, including changes to its IT systems. At that time, nobody could have predicted just how quickly the EPO...
by Sean Hutchinson | Dec 21, 2022 | EPO
The EPO’s longstanding requirement for applicants of European patent applications to amend the description to bring this into conformity with the allowed claims before the EPO will grant a patent on the application has been the subject of much scrutiny over the last...
by Sean Hutchinson | Dec 20, 2022 | EPO, UPC
We reported in our article of October 2022 that the UPC Preparatory team had published its “Implementation roadmap” for bringing the European Union’s Agreement on a Unified Patent Court (the “UPC Agreement”) into force early next year. Specifically, it was expected...
by Dr Carolyn Haywood | Oct 27, 2022 | EPO
In February 2022 we reported on the Written Decision issued in T 116/18, which confirmed the scope of the referral to the Enlarged Board of Appeal (EBA) of the European Patent Office (EPO) regarding the use of post-published evidence for establishing a technical...
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