News

27.05.2024

T1006/21 - remittal of a decision

Article 111(1) EPC, remittal, late filing of a request,Articles 12 and 13 RPBA 2020,discretionary decision of the board [more]

Category: BEP

27.05.2024

T0063/22 – sufficiency of disclosure and correction of error

Art. 83 EPC, Rule 139 EPC, T 380/05, G 1/03, sufficiency of disclosure, correction of error[more]

Category: BEP

23.05.2024

Romania ratified on April 14, 2024 the Unified Patent Court Agreement (UPCA)

This ratification will now enter into force on the first day of the fourth month following the deposit of the instrument of ratification with the General Secretariat of the Council of the European Union, making Romania the 18th...[more]

Category: BEP

17.05.2024

eSoleau envelope upgrades

The Soleau envelope is a time-stamping mechanism used by the French patent office (INPI) to time-stamp documents with certainty. Initially in the form of a double paper envelope bearing the name of its inventor (Soleau), the...[more]

Category: BFR, Brevet - France, Brevets français, Brevets français

16.05.2024

EPO: trends on Unitary effect

EPO just issued a study regarding requests for Unitary effect filed for granted European patents, since the system of the Unitary Patent entered into force on June 1st, 2023.According to EPO, a request for Unitary effect was...[more]

Category: BEP

13.05.2024

Decision of the Enlarged Board of Appeal - G 1/22 and G 2/22

EPO just published an important decision regarding priority right. According to this decision, the European Patent Office is competent to assess whether a party is entitled to claim priority under Article 87(1) EPC: there is a...[more]

Category: BEP

23.04.2024

T0737/20 - remittance of the case to the opposition division for further prosecution

Article 111(1) EPC, Article 12(2) RPBA , right to be heard under Article 113 EPC [more]

Category: BEP, Brevets - étranger

23.04.2024

T1598/21 - Novelty of a product-by-process claim

A process feature in a product-by-process claim only contributes to the novelty of a product claim insofar as it gives rise to a distinct and identifiable characteristic of the product. Moreover, if a chemical product is not...[more]

Category: BEP, Brevets - étranger

22.03.2024

Oral proceedings before EPO: videoconference is new norm

Since COVID outbreak, videoconference became the new norm for oral proceedings before EPO, especially during examination proceedings.It should indeed be reminded that usually, during examination of a European patent...[more]

Category: BEP

22.03.2024

EPO: increase of official fees as from April 1st, 2024 and new micro-entity status

EPO will increase amounts of official fees as from April 1, 2024. To compensate this increase, a new micro-entity status will be created for applicants before EPO.[more]

Category: BEP

22.03.2024

T0852/20 - Post-published experimental data

Post-published experimental data, G2/21, Inventive step, skilled person[more]

Category: BEP

22.03.2024

T2716/19 - Admissibility of late filed documents

Admissibility of late filed documents - Article 12 RPBA - Inventive step[more]

Category: BEP

20.03.2024

Revision of the Nice Classification: caution when renewing a trademark

When a French trademark is renewed, the French trademark office (INPI) carries out a check of the classification of the goods and services and reclassifies them so that the goods and services designated by this trademark are...[more]

Category: Marques - France, MFR

12.02.2024

T 1920/21 - diagnostic step practiced on the human or animal body

Article 53(c) EPC - G1/04 - a claim is not excluded from patentability if at least one of the preceding steps which are constitutive for making a diagnosis comprises a method step of a technical nature which does not satisfy the...[more]

Category: Brevets - étranger

12.02.2024

T2004/21 - Technical problem, ex-post facto analysis

Technical problem based on an effect neither mentioned nor suggested in the prior art.[more]

Category: Brevets - étranger

12.01.2024

EPO: right to priority – decisions G1/22 and G2/22 of EBA

Enlarged Board of Appeal (EBA) of EPO recently issued two decisions regarding the right to claim priority when the applicant of the priority application and the applicant of the EP application (whether direct or Euro-PCT) are...[more]

Category: BEP

05.01.2024

T 0116/18 - post-published evidence

Post-published evidence, G 2/21, technical effect, technical teaching[more]

Category: BEP

05.01.2024

T 0602/21 - late submissions during appeal

Late submissions, Article 13(2) RPBA, Article 12(3) RPBA[more]

Category: BEP

05.01.2024

T 1356/21 - dosage regimen - bonus effect

Dosage regimen, novelty, G 2/08, bonus effect[more]

Category: BEP

05.01.2024

T 0728/21 - Sufficiency of disclosure

Sufficiency of disclosure, G 2/21, Art 83 EPC[more]

Category: BEP

28.12.2023

Georgia becomes the 5th validation state

Pursuant to agreement between EPO and Georgia dated 31/10/2019, it will now be possible to validate European patents in Georgia[more]

Category: BEP

14.12.2023

New PPH agreement between INPI and Saudi Arabia Patent Office (SAIP)

Saudi Arabia Patent Office follows JPTO, USPTO, CIPO, INPI (Brazil), KIPO, CNIPA and OMPIC with which INPI already has a PPH agreement[more]

Category: 92

11.12.2023

Validity of 3D trademarks for LEGO figurines confirmed

The General Court has just handed down two judgments, T-297/22 and T-298/22, confirming the validity of the three-dimensional trademarks that LEGO had registered to protect the shape of its figurines.[more]

Category: MEM, MFR

06.11.2023

T0433/21 withdrawal of appeal, Rule 139 EPC

Correction of withdrawal, filing divisional application, Rule 139 EPC, pendency of the appeal [more]

Category: BEP, Brevets - étranger

06.11.2023

T0647/21 remittance to Examining Division, Clarity, Inventive step

Remittance to Examining Division, Clarity, Inventive step[more]

Category: BEP, Brevets - étranger

02.10.2023

EPO: end of 10 day rule

Rule 126(2) EPC abandoned with effect as from November 1, 2023[more]

Category: BEP

02.10.2023

T1877

Rule 139 EPC. Adding a description page of a parent application in a divisional application[more]

Category: BEP

02.10.2023

T0505/20

Article 113(2) EPC, Rule 12(2) RPBA. Claims forming basis of the decision[more]

Category: BEP

26.09.2023

Unitary patent and Unified Patent Jurisdiction (UPC): an update

Following the entry into force of the Unitary Patent System on June 1st, 2023 and the large number of opt-out requests filed during the Sunrise period, which ended on May 31, 2023, it appears that few cases have been brought...[more]

Category: BEP, Brevet international

18.09.2023

New PPH agreement between INPI and Moroccan Patent Office (OMPIC)

Moroccan patent office follows JPTO, USPTO, CIPO, INPI (Brazil), KIPO and CNIPA with which INPI already has a PPH agreement[more]

Category: Brevet - France

14.09.2023

European protection of geographical indications for craft and industrial products

On 12/09/2023, the European Parliament approved new EU rules aimed at safeguarding the geographical indications (GI) for craft and industrial products, inspired by the existing rules for agricultural products.[more]

Category: MEM

04.09.2023

Decision n°22-10.744 of the French Supreme Court (Cour de Cassation) dated 17/05/2023

Restoration of a patent/patent application in the event of non-payment of a renewal fee [more]

Category: BFR, Brevet - France, Brevets français, Brevets français

30.08.2023

T0558/20

Article 53(c) EPC, novelty Article 54(5) EPC[more]

Category: BEP

30.08.2023

T3012/18

Article 13(2) RPBA 2020, sufficiency of disclosure[more]

Category: BEP

19.07.2023

T0879/21

Late submissions during oral proceedings[more]

Category: BEP

19.07.2023

T0066/20

Substantial procedural violation[more]

Category: BEP

09.06.2023

T1128/19

Double patenting, divisional application, clarity[more]

Category: BEP

09.06.2023

T1541/19

Inventive step, technical problem, experimental data[more]

Category: BEP

18.05.2023

Use of "Paris 2024"

The upcoming Olympic Games (Olympics) in Paris in 2024 provide the opportunity to remind that the use of some terms relating to the Olympic Games is regulated under French law.Indeed, the terms, colors, drawings (even a flame...[more]

Category: Marques - France, MFR

26.04.2023

T1099/21

Admissibility of deletion of a feature, Article 123(2) EPC[more]

Category: BEP

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