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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:  3.38 / week
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Message History

T 1671/23 - A carry-over request with broader claims

Key points

  • The proprietor presented amended claims as its main request before the OD. The OD found these claims to be allowable. The opponent appeals.
  • The Board finds those claims (MR) to lack an inventive step.
  • The Board arrives at AR-1. AR-1 is a carry-over request in which a feature is replaced compared to the MR. Hence, one feature of the MR ...

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    T 1975/23 - Splitting the independent claim in opposition

    Key points

  • The Board, in translation: "It was argued [by the opponent] that [auxiliary request 3 ] did not meet the requirements of Rule 80 EPC because in the set of claims of auxiliary request 3, the independent process [] claim of the patent was replaced by two independent process [] claims.
  • The board finds no violation of Rule 80 EPC. The situation is...

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    T 2377/22 - Multiple independent claims in opposition

    Key points

  • The Board, in translation: "auxiliary request 2 contains - in contrast to the granted patent, which contains only a single claim  -  three independent claims, each directed to a cosmetic oil-in-water (O/W) emulsion...

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    T 2049/23 - Watermelons and discoveries

    Key points

  • The opponents include "Keine Patente auf Saatgut! e.V.". The patent concerns a conventionally-bred watermelon.
  • The opponent argued that "the transitional period created by opinion G 3/19 should not be taken into account and that it did not matter whether the patent ...

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    T 0883/23 - Plausibility and priority

    Key points

  • In this appeal, the Board found the second medical use claim to be valid (novel and inventive and sufficiently disclosed in the patent). Still, the Board - obiter it seems - held that the priority was invalid because, whereas the application as filed contained the results of a clinical trial, the priority document contained only the protoc...

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