Just Patent Law Blog

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A Euro-PCT application"At no stage during the examination proceedings did the examining division suggest any amendment to the [seven original] drawing sheets, nor did the appellant request or propose any such amendment. The examining division thereafter issued the communication under Rule 71(3) EPC, in which only a single drawing sheet was included. "Henc...

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The OD decided to hold inadmissible a late-filed ground of opposition (or, more precisely, a new objection that introduced a new ground of opposition), namely insufficient disclosure (Art. 100(b) EPC). Can the Board review this decision? (in view of G 10/91)"It is however also established case law that this exercise of discretion by the opposition divisio...

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 This decision deals with novelty, namely a "counting to two" case, and inventive step of polymorphs.Claim 1 of the main request is directed to the citrate salt of the compound SCY-078. Novelty over D6 is at issue.The Board: "As set out above, claim 49 of D6 relates both to SCY-078 in its free-base form and to a pharmaceutically acceptable salt thereof. F...

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The opposition is filed in the name of   SPG GmbH & Co. KG" without giving an address.It turns out there are three legal entities with the same name (in Germany).Hence, the identity of the opponent is unclear (at the end of the opposition period).The opposition is therefore, in principle, inadmissible  (Rule 77(1)). The Board allows a correction under...

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The proprietor filed an appeal against the decision to revoke the patent."VI. With letter dated 15 May 2026, the appellant declared that they did no longer approve the granted text of the patent, that all requests were thereby withdrawn, including the request for oral proceedings and that they also did not intend to file any other text for amendment of th...