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
Technical Board of Appeal case T 2610/19 relates to an appeal from an opposition decision to maintain a patent. During the opposition hearing, the opponent was forced to select a single prior art document as closest prior art for arguing against inventiveness. This was despite the opponent expressing his intention to argue for other documents … Read More
In T3000/19, the EPO Technical Board of Appeal provided guidance on the use of internet disclosures as prior art. Internet disclosures can form part of the state of the art but the reliability of the evidence must be preserved where such disclosures are cited against a European patent application. The EPO Guidelines for Examination provide … Read More
The established assessment of purity inventions has been that increased purity of chemical compounds was only considered novel, if the claimed high purity could not be achieved by conventional means. Recent EPO Board of Appeal decision T0043/18 has ruled that this approach contradicts the overarching principles of novelty, and found instead that novelty can only … Read More
The closing date for nominations to the European Patent Office’s European Inventor Awards 2023 is 3 October 2022. The awards showcase inspiring ideas and highlight the role that inventors play in building a smarter, more sustainable world. Nomination and selection criteria are available here.
The set-up of local and regional divisions of the Court of First Instance of the Unified Patent Court (UPC) was confirmed in a meeting of the Administrative Committee of the UPC on 8 July 2022. These divisions will be located in: Austria (Vienna) Belgium (Brussels) Demark (Copenhagen) Finland (Helsinki) France (Paris) Germany (Düsseldorf, Hamburg, Mannheim, … Read More
The Unitary Patent System The Unitary Patent system is a framework that will make it possible to obtain patent protection in up to 25 EU member states by submitting a single request to the European Patent Office (EPO) instead of validating the granted patent in those countries individually. The 17 states which will participate in … Read More