Blog
Ausführliche Artikel zum europäischen Patenterteilungsverfahren (UP und klassisch), Gebührenstrukturen und strategischen Überlegungen nach EPÜ, PCT und dem Einheitspatentsystem.
Claim Construction and Multi-Material Purge Towers at The Hague Local Division
The Hague Local Division dismisses an application for provisional measures, strictly interpreting a 'layer by layer' claim feature based on the patent's description and drawings.
Revoking Expired Patents and the Strict Bounds of Auxiliary Review at the UPC
The Paris Central Division confirms that expired patents can be revoked at the UPC if a threat of damages remains, while highlighting strict pleading requirements when attacking auxiliary requests.
Structural Novelty and Auxiliary Requests at the Paris Local Division
The Paris Local Division clarifies that product claims defined purely by structural features lack novelty over identical prior art structures, regardless of differing technical effects. The panel also provides guidance on managing multiple auxiliary requests.
Arbitrary Modifications and Late Submissions: T 0094/24 on the Problem-Solution Framework
Board 3.5.05 confirms that features failing to credibly achieve a technical effect over the whole claimed scope are arbitrary modifications, requiring no objective technical problem to be formulated.
Technical Character of UI Features and Cross-Appeal Limits at the CoA
The Court of Appeal clarifies that non-technical UI features can contribute to inventive step if they interact to provide a technical effect, while also setting strict limits on the admissibility of cross-appeals.
The Limits of G 2/21: T 0655/24 on Post-Published Evidence and Improved Effects
Board 3.3.04 rejects recent case law allowing post-published evidence to prove an improved effect, holding that improvements must be credible from the application as filed.
Deconstructing G 1/07: T 0941/24 on Surgical Steps and Implicit Features
Board 3.2.02 clarifies the distinction between 'comprising' and 'encompassing' a surgical step under G 1/07. The decision provides a robust framework for defending medical tracking methods under Article 53(c) EPC.
Appeal Deadlines and Unreasoned Decisions at the Court of Appeal
The Court of Appeal clarifies that the two-month deadline for lodging a Statement of appeal does not begin until the Court of First Instance serves a decision containing written reasons.
The Substantiation Threshold: T 0241/25 on Intermediate Generalisations
Board 3.2.02 establishes a strict pleading standard for added matter objections. Merely pointing to an embodiment and asserting an intermediate generalisation is legally insufficient without explaining the inextricable link.
The Room Incident: Deliberation Secrecy and Executable Requests in R 3/24
The Enlarged Board of Appeal clarifies that a request to start an inventive step analysis from a specific prior art document is merely an argument. It also addresses a bizarre intrusion into a Board's deliberation room.
Rule 116 EPC is Not a Safe Harbour: T 1731/23 on Late-Filed Requests
The Board of Appeal in T 1731/23 confirms that filing an auxiliary request before the Rule 116 EPC deadline does not guarantee its admittance. Opposition divisions retain full discretion over late-filed amendments.
Drawing the Line: When Does a User Requirement Become Technical?
The Board of Appeal in T 0035/20 clarifies the boundary between non-technical user requirements and technical features in GUI inventions. Discover why Apple's double-press to pay involves technical considerations.
Splitting Claims in Opposition: Board 3.5.01 Sidelines T 1138/02 on Rule 80 EPC
Can a patent proprietor replace a single granted independent claim with multiple independent claims during opposition? In T 0561/23, the Board of Appeal says yes, explicitly rejecting older restrictive case law.
The Absolute Right to be Heard: Enlarged Board Rejects Dynamic Interpretation in R 16/23
In R 0016/23, the Enlarged Board of Appeal firmly pushed back against a Legal Board's attempt to deny oral proceedings on the grounds of procedural economy. The decision reaffirms that Article 116(1) EPC guarantees an almost absolute right to a hearing.
Opening the Door Ajar: T 0644/24 on Amendments and Unraised Opposition Grounds
When a proprietor amends a claim, does it open the entire claim to added matter and sufficiency attacks if those grounds weren't raised in opposition? The Board in T 0644/24 says no, drawing a parallel to G 3/14.
The First Casualty of G 1/24: T 0439/22 and the Article 123(3) Trap
In the first application of G 1/24, the referring Board revokes a patent after a description definition destroys novelty. The decision also highlights a severe Article 123(3) EPC trap when deleting definitions post-grant.