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
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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.