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Just Patent Law Blog

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Just Patent Law Blog: Just Patent Law Blog

Publisher:  p.j.delange
Message frequency:  3.44 / week
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Message History

T 0336/23 - Filing a new main request

Key points

  • The proprietor files a new main request, with limited claims, before the OD. The OD revokes the patent. The proprietor appeals. Can the proprietor defend the claims as granted in the appeal?
  • "The impugned decision was based on an amended "main request" (items I.8 and I.9 of the decision under appeal) as the sole request. It does not addition...

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    T 0405/24 - G 1/24 and Art. 123(2)

    Key points

    • "Thus, when applying the conclusions of G 1/24, i.e. in particular that the description and the drawings shall always be "consulted" to interpret a claim, to the present case, the skilled person in the field of data communications would have understood that such "forwarding" was providing a basis for the "routing" action ...

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    R 0017/23 - Parties must pre-emptively raise "questions" under Rule 106 (?)

    Key points

    • Decision dated 24.02.2025. Written decision issued on 17.10.2025, about nine months later. However, there is no time limit for the EBA, Art. 15(9) RPBA does not apply to petition for reviews.

    • From the minutes of the oral pr...

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    T 0453/24 - Appeal concerning the fixing of costs

    Key points

    • This is an appeal against a decision fixing the costs. The OD had conducted the procedure for fixing the costs after the decision to apportion costs had become final. 
    • The second oral proceedings [before the OD] took place on 13 Se...

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    T 0799/24 - Technical CAD method

    Key points

    • G 1/19 held that "The answers to the first and second questions are no different if the computer-implemented simulation is claimed as part of a design process, in particular for verifying a design", and that inventive step of a computer-implemented design method requires a 'further tech...

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