Board of Appeal
EPO rules plants and animals exclusively obtained by essentially biological processes not patentable
By AWA | Posted on May 18, 2020
It has been clear that essentially biological processes for the production of plants or animals are explicitly excluded from patentability under Article 53(b) EPC. However, patentability of products of the essentially biological processes, such as plants and animals, has been questioned and repeatedly visited by the Enlarged Board of Appeal in recent years. On 14...
Tags: animals, biological, Board of Appeal, EPO, interpretation, patents, plants
Is it worth the effort to appeal a decision made by the DKPTO?
By Troels Peter Rørdam | Posted on November 14, 2012
Danish case law regarding patents shows that in a vast majority of cases, the Danish Board of Appeal (BoA) for Patents tend to follow the recommendation of the DKPTO. This has caused reason to pose the question of whether the Danish BoA for Patents tends to put too much weight on the recommendations of the...
Tags: Board of Appeal, Denmark, Patent
EPO Enlarged Board of Appeal repeats obligation to raise objections in time
By AWA | Posted on February 1, 2012
Last week, the European Patent Office released two new decisions by the Enlarged Board of Appeal on petitions for review, R 2/11 and R 10/11. Both the underlying petitions were based on what the petitioners regarded as fundamental procedural defects before respective Boards of Appeal 3.2.04 and 3.2.03. Both cases are appeals from opposition proceedings. In R...
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