Blog
In-depth articles on the European patent grant procedure (UP and classic), fee structures, and strategic considerations under the EPC, PCT, and the Unitary Patent system.
Unsubstantiated License Defenses and Accessory Liability: The Mannheim Local Division on EP 2 563 695 B1
The Mannheim Local Division clarifies the strict substantiation requirements for license defenses based on parallel national proceedings. The decision also applies the Philips v. Belkin standard to statutory corporate directors.
Late Arguments and Intermediary Liability: The Milan Local Division on EP 3 960 072 B1
The Milan Local Division clarifies the admissibility of late claim construction arguments in provisional measures and establishes the liability of EU Authorised Representatives under the Medical Devices Regulation.
Fee Reimbursements and Parallel Filings: Two Divisions Apply Rule 370.9 RoP
When an infringement action settles early, the standard 50% fee reimbursement is not guaranteed. Four coordinated orders from the Paris Central Division and Mannheim Local Division demonstrate how complex parallel filings reduce the refund.
New Legal Arguments vs New Facts on Appeal: The Court of Appeal on Rule 222 RoP
The Court of Appeal clarifies the boundary between admissible new legal arguments and inadmissible late-filed evidence under Rule 222.2 RoP. Blanket references to first-instance prior art are also deemed insufficient.
T 1366/24: Correcting Translations to Overcome Added Matter Objections
The Technical Board of Appeal clarifies how filing a corrected translation under Article 14(2) EPC can resolve an added matter objection by restoring the original technical context of a product-by-process feature.
The Sentence G 1/25 Actually Wants Deleted
Unclaimed embodiments may stay. The Enlarged Board of Appeal defines when an inconsistency between amended claims and the description requires adaptation, and names the statement that has to be removed.
Provisional Confidentiality on Appeal: The Court of Appeal on Rule 262A RoP
The Court of Appeal has clarified the provisional handling of confidential information introduced for the first time during appeal proceedings. Access was strictly limited to admitted representatives for the purpose of commenting.
When are the Boards of Appeal on holiday, and when is the best time for oral proceedings?
16,575 Board of Appeal decisions show when the Boards go quiet and, less expectedly, that the shortest wait for a written decision follows a late-August hearing while an early-July hearing waits two months. An interactive explorer with every board, a year calendar and a date tool.
Independent Lines of Reasoning: R 0018/23 on Causality in Petitions for Review
The Enlarged Board of Appeal clarifies how a procedural violation interacts with a decision resting on multiple lines of reasoning, emphasizing the lexical choices of the Technical Board of Appeal.
Defending Dependent Claims Without Amendment: The Court of Appeal on Rule 30 RoP
The Court of Appeal clarifies that defending granted dependent claims does not require a formal application to amend the patent. Proprietors must, however, explicitly substantiate which combinations they consider valid.
Confidentiality in Ex Parte Inspections: Four Parallel Munich Orders
The Munich Local Division clarifies the scope of confidentiality obligations during ex parte evidence preservation. Four parallel orders establish that an applicant's representatives must be bound to confidentiality, even for products inspected at a public trade fair.
Retroactive Entitlement and Unauthorized Opt-Outs: The President of the Court of Appeal on Rule 5A RoP
The President of the Court of Appeal clarifies the temporal requirements for removing an unauthorized opt-out under Rule 5A RoP. A national entitlement decision ordering the transfer of a patent does not retroactively invalidate a prior opt-out.