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
Patents
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
Implementation Road Map published to the Launch of the Unified Patent Court
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
Reimbursement of Appeal Fee Due to Procedural Violation at the EPO
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
Prior Art Documents in the form of Electronic Evidence at the EPO
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
Likely Change in Practice in the Assessment of the Novelty of Purity Inventions at the European Patent Office
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
European Inventor Awards
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.