The EPO favours the problem-solution approach in the assessment of inventive step. This involves identifying the closest prior art, as the prior art document that provides the most promising starting point for an obviousness attack. However, the step of identification of the closest prior art in the problem-solution approach creates a potential tension with one of … Read More
From Monday 1 May 2023, UK divisional applications will be accorded a compliance period which is equal to the original and un-extended compliance period of the parent application. In accordance with the amendments to the UK Patents Rules 2007 (as amended), from Monday 1 May 2023, the UKIPO will attribute to a divisional application filed … Read More
Although the sunrise period of the Unified Patent Court (UPC) was recently delayed to 1 June 2023, the transitional measures offered by the EPO remains unchanged and these transitional measures will start on 1 January 2023. From this date, it is possible to request a delay to the issuance of a decision to grant to … Read More
On 13 December 2022, the EPO Administrative Council invited Moldova to accede to the European Patent Convention (EPC). Moldova has been a validation state of the EPC since 2015, and is now expected to become the 40th contracting state to the EPC.
The start of the Unified Patent Court Agreement (UPCA) was delayed today by two months. The sunrise period will now start on 1 March 2023 followed by entry into force of the UPCA on 1 June 2023. This delay is thought to be required to allow further time for users to get to grips with … Read More
Before the EPO, the standard requirement is that the technical effects of a claimed invention and that of the closest prior art can be directly compared. Where a claimed invention is described through reference to “an unusual parameter” such comparison is difficult. Recent EPO Board of Appeal decision T 0555/18 is a caution against defining an … Read More
The President of the EPO has recently decided that, from 1 January 2023, oral proceedings by video conference will become the default position in opposition proceedings. This reduces the cost associated with oral proceedings, making them more accessible and sustainable.
The European Unitary Patent Convention is due to come into effect in 2023. The default position is that any European Patent granted after 1 March 2007 will fall under the jurisdiction of the new Unified Patent Court unless opted out. The Unified Patent Court (UPC) will offer a centralised court system not just for the … Read More
Currently EPO rules stipulate that most notifications are considered to have been notified 10 days after the date of the notification. The EPO have recently announced that this 10 days rule will cease to be in effect from 1 November 2023. Under the new rules the deemed date of delivery will be the date of … Read More
According to the recently issued current timetable, the Unified Patent Court (UPC) will launch 1 April 2023. Implementation roadmap – Outlook (unified-patent-court.org) The coming into force of the Unitary Patent system will affect not only applications filed after it comes into effect but also applications which are already filed and European patents which are already … Read More