EPO: New referrals to the Enlarged Board of Appeal
Managing IP is part of the Delinian Group, Delinian Limited, 4 Bouverie Street, London, EC4Y 8AX, Registered in England & Wales, Company number 00954730
Copyright © Delinian Limited and its affiliated companies 2024

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

EPO: New referrals to the Enlarged Board of Appeal

Two issues have arisen recently causing the Technical Boards of Appeal to refer questions to the Enlarged Board of Appeal (EBA).

At oral proceedings on February 7 in respect of case T 318/14, the competent Board of Appeal referred questions relating to double patenting to the EBA. More specifically, the EBA is to consider if a European patent application can be refused if it claims the same subject matter as a European patent granted to the same applicant where the granted patent does not form part of the state of the art. In the affirmative, the EBA is further asked what the conditions would be for such a refusal, and if different conditions would have to be applied where the application is (a) filed on the same date as the already granted patent, or (b) a divisional of the parent, or (c) claims priority from that application upon which the parent was granted. Finally, in the case of point (c) above, the EBA is asked to consider if an applicant has a legitimate interest in the grant of the subsequent European patent application in view of the fact that the term of the patent is calculated on the basis of the filing date and not the priority date.

Further, by decision T 831/17 of February 25, an Appeal Board referred questions relating to (1) the right for oral proceedings, (2) a third party's possible right to appeal, and (3) the venue of oral proceedings in appeal. In relation to the third issue, in particular the EBA is to consider if the president or the Administrative Council of the EPO had the powers to move the Boards of Appeals' premises to Munich suburb Haar in 2017. In late 2016 the chairmen of the Boards of Appeal of the EPO adopted a resolution objecting to the relocation of the Boards of Appeal to Haar. At that time the issue appeared to be of a purely political nature, but now the matter is clearly becoming a legal one.

frederiksen-jakob-pade.jpg

Jakob Pade Frederiksen


Inspicos P/SKogle Allé 2DK-2970 HoersholmCopenhagen, DenmarkTel: +45 7070 2422Fax: +45 7070 2423info@inspicos.comwww.inspicos.com

more from across site and ros bottom lb

More from across our site

Counsel reveal how a proposal to create separate briefings for discretionary denials at the USPTO could affect their PTAB strategies
The UK Supreme Court rejected the firm’s appeal against an earlier ruling because it did not raise an arguable point of law
Loes van den Winkel, attorney at Arnold & Siedsma, explains why clients' enthusiasm is contagious and why her job does not mean managing fashion models
Allen & Gledhill partner Jia Yi Toh shares her experience of representing the winning team in the first-ever case filed under Singapore’s new fast-track IP dispute resolution system
In-house lawyers reveal how they balance cost, quality, and other criteria to get the most from their relationships with external counsel
Dario Pietrantonio of Robic discusses growth opportunities for the firm and shares insights from his journey to managing director
We provide a rundown of Managing IP’s news and analysis from the week, and review what’s been happening elsewhere in IP
Law firms that pay close attention to their client relationships are more likely to win repeat work, according to a survey of nearly 29,000 in-house counsel
The EMEA research period is open until May 31
Practitioners analyse a survey on how law firms prove value to their clients and reflect on why the concept can be hard to pin down
Gift this article