IP Law News

EUROPEAN PATENT – REIMBURSEMENT OF THE FEE FOR PETITIONS FOR REVIEW

Submitted by European Patent... on Thu, 2024-06-20 16:57

According to rule 110 and other regulations of the European Patent Convention (EPC) Implementing Regulations (IR),

In the procedure of Petition for review by the Enlarged Board of Appeal, the Enlarged Board of Appeal

(a) consisting of two legally qualified members and one technically qualified member shall examine all petitions for review and shall reject those which are clearly inadmissible or unallowable; such decision shall require unanimity;

EUROPEAN PATENT - PROCEDURE IN DEALING WITH PETITIONS FOR REVIEW

Submitted by European Patent... on Fri, 2024-06-07 11:16

According to rule 109 of the European Patent Convention (EPC) Implementing Regulations (IR)

EUROPEAN PATENT - EXAMINATION OF THE PETITION

Submitted by European Patent... on Sat, 2024-06-01 11:30

According to rule 108 of the European Paten Convention (EPC) Implementing Regulation (IR),

EUROPEAN PATENT – CONTENTS OF THE PETITION FOR REVIEW

Submitted by European Patent... on Thu, 2024-05-16 17:28

According to rule 107 of the European Patent Convention (EPC) Implementing Regulations (IR),

(1) The petition for review shall contain:

(a) the name and the address of the petitioner including the name, address and nationality of the applicant and the State in which his residence or principal place of business is located.
(b) an indication of the decision to be reviewed.

(2) The petition shall indicate the reasons for setting aside the decision of the Board of Appeal, and the facts and evidence on which the petition is based.

European patent - Further fundamental procedural defects

Submitted by European Patent... on Fri, 2024-05-10 15:46

According to rule 104 of the European Patent Convention (EPC) Implementing Regulations (IR)
A fundamental procedural defect under Article 112a, paragraph 2(d) of the EPC (consisting of any other fundamental procedural defect defined in the Implementing Regulations occurred in the appeal proceedings), may have occurred where the Board of Appeal,

(a) contrary to Article 116 of the EPC , failed to arrange for the holding of oral proceedings requested by the petitioner, or

(b) decided on the appeal without deciding on a request relevant to that decision.

EUROPEAN PATENT – REINBURSEMENT OF APPEAL FEES

Submitted by European Patent... on Tue, 2024-04-30 13:37

According to rule 103 of the European Paten Convention (EPC) Implementing Regulations (IR)
(1) The appeal fee shall be reimbursed in full
(a) in the event of interlocutory revision or where the Board of Appeal deems an appeal to be allowable, if such reimbursement is equitable by reason of a substantial procedural violation, or
(b) if the appeal is withdrawn before the filing of the statement of grounds of appeal and before the period for filing that statement has expired.

EUROPEAN PATENT – FORM OF DECISION OF THE BOARD OF APPEAL

Submitted by European Patent... on Mon, 2024-04-22 16:57

According to rule 102 of the European Paten Convention (EPC) Implementing Regulations (IR)
The decision shall be authenticated by the Chairman of the EPO Board of Appeal and by the competent employee of the registry of the EPO Board of Appeal, either by their signature or by any other appropriate means. The decision shall contain:
(a) a statement that it was delivered by the EPO Board of Appeal;
(b) the date when the decision was taken;
(c) the names of the Chairman and of the other members of the EPO Board of Appeal taking part;

EUROPEAN PATENT – REJECTION OF THE APPEAL AS INADMISSIBLE

Submitted by European Patent... on Mon, 2024-04-08 14:47

According to rule 101 of the European Paten Convention (EPC) Implementing Regulations (IR)

EUROPEAN PATENT – EXAMINATION OF APPEALS

Submitted by European Patent... on Fri, 2024-03-29 16:08

According to rule 100 of the European Paten Convention (EPC) Implementing Regulations (IR) ,

(1)
Unless otherwise provided, the provisions relating to proceedings before the European Patent Office (EPO) department which has taken the decision impugned shall apply to appeal proceedings.

(2)
In the examination of the appeal, the EPO Board of Appeal shall invite the parties, as often as necessary, to file observations, within a period to be specified, on communications issued by itself or observations submitted by another party.

EUROPEAN PATENT – CONTENT OF THE NOTICE OF APPEAL AND THE STATEMENT OF GROUNDS

Submitted by European Patent... on Tue, 2024-03-19 16:27

According to Rule 99 and other regulations of the European Patent Convention (EPC) Implementing Regulations (IR)

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