IP Law News

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(b) if the appeal is withdrawn before the filing of the statement of grounds of appeal and before the period for filing that statement has expired.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)

EUROPEAN PATENT – APPEAL AGAINST APPOINTMENT AND FIXING OF COSTS

Submitted by European Patent... on Thu, 2024-03-07 14:57

According to Rule 97 and other regulations of the European Patent Convention (EPC) Implementing Regulations (IR)

Each party to the opposition proceedings before the European Patent Office (EPO) shall bear the costs it has incurred, unless the Opposition Division, for reasons of equity, orders, in accordance with the Implementing Regulations, a different apportionment of costs.

EUROPEAN PATENT – CONTENT AND FORM OF THE AMENDED EUROPEAN PATENT SPECIFICATION

Submitted by European Patent... on Sat, 2024-03-02 12:20

According to Rule 96 and other regulations of the European Patent Convention (EPC) Implementing Regulations (IR)

EUROPEAN PATENT – DECISION ON THE REQUEST FOR REVOCATION OR LIMITATION

Submitted by European Patent... on Mon, 2023-11-13 14:59

According to Rule 95 of the European Patent Convention (EPC) Implementing Regulations (IR)
(1)
If a request for revocation is admissible, the Examining Division shall revoke the patent and communicate this to the requester.
(2)

EUROPEAN PATENT – REJECTION OF THE REQUEST FOR LIMITATION OR REVOCATION AS INADMISSIBLE

Submitted by European Patent... on Wed, 2023-07-12 09:42

According to Rule 94 and other regulations of the European Patent Convention (EPC) Implementing Regulations (IR)

 

If the Examining Division finds that the request for limitation or revocation fails to comply with the requirements of Rule 92 of the EPC IR i.e. does not contain:

particulars of the proprietor of the European patent making the request (the requester) and an indication of the EPC Contracting States for which the requester is the proprietor of the patent;

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