Just Patent Law Blog

Key points

The proprietor withdrew the main request after the Board had announced its conclusion that the amendment of Figure 6 (by deleting the label of the vertical axis) in the grant procedure violated Article 123(2). Nevertheless, the Board's reasons can be inferred from the decision, to a degree. The Board, in translation: "39. The question of whether the delet...

Key points

Board 3.3.09 on when to adapt the description, after G 1/25 (which was referred by Board 3.3.02).The Board finds that AR-5 is allowable. "Auxiliary request 5 only includes some of the product claims disclosed in the set of the granted claims." ... "the patent as granted includes claims directed to medical uses. ""paragraph [0001] sets out that the inventi...

Key points

 The Board, in translation: "the Board finds that, with regard to the basis for determining whether an undertaking is a micro, small or medium-sized enterprise within the meaning of Rule 7a(2)(a) and (b) EPC, which may file an appeal by paying the reduced appeal fee [under Article 2(1), point 11 of the Rules on Fees], an unintended gap exists follo...

Key points

In reply to the written opinion of the Board, the appellant in this opposition case wrote, inter alia, that "Oral proceedings were requested, should the Board not intend to remit the case to the opposition division.""Oral proceedings were cancelled and the parties informed accordingly."The Board remits the case. "6. Since the appellant's withdrawal...

Key points

The Legal Board has a point to make about online filing methods."The appellant correctly argued that the EPO strongly encourages applicants to use online services and filing tools whenever possible to benefit from the business validations and the accelerated processing of submissions that originate from these tools."The Legal Board:   "However, if it does...