Georgia will become the fifth validating state of the EPO, joining Morocco, Republic of Moldova, Tunisia and Cambodia. The validation agreement is expected to come into force on 1 January 2024. Accordingly, it is likely that applicants will be able to request protection in Georgia through European patent applications filed after 1 January 2024.
EPO
A Second Medical Use Application Requires Data Supporting the Medical Use
In recent Technical Board of Appeal (TBA) case T0258/21 the TBA reiterated settled case law that data is required in the application as filed to support a second medical use claim. Post filed evidence was submitted, purportedly to support the technical effect of the Application. The TBA found that the post filed data should not … Read More
Presumption of Entitlement to Claim Priority
The EPO Enlarged Board of Appeal (EBA) recently answered questions referred under consolidated cases G 1/22 and G 2/22, and has introduced a welcome relaxation in practice in the assessment of the validity of a priority claim. The EBA found the EPO to be competent to assess whether a party is entitled to claim priority, … Read More
Abolition of the 10 Day Rule
The “10-day” rule, which determines how the response deadlines to certain European Patent Office (EPO) communications are calculated, is to be abandoned from 1 November 2023. The 10 day rule was introduced to compensate for postal delays but is no longer considered necessary since most documents are issued electronically. Communications issued from 1 November 2023 … Read More
Confidentiality of Medical Trials
The confidentiality of medical trials was examined in recent EPO board of appeal case T 0670/20. During phase IIa and IIb clinical trials conducted prior to the filing of patent application EP2140867, tablets of anti-blood clot agent edoxaban were distributed. Under European law, is not necessary to show that a disclosure has in fact taken … Read More
Republic of Moldova invited to accede to European Patent Convention
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.
EPO Assessment of Inventive Step when an Unusual Parameter is Claimed
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
Opposition Oral Proceedings by Video Conference to become the Norm
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.
Opting Out of the Unified Patent Court
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
EPO Abolishes the 10 Day Rule
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
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