The EBA have supplied a short answer in Decision G 1/15: No it cannot. This appears to be a sensible conclusion and the decision provides a comprehensive analysis of the case law leading up to the decision, the legal framework supporting priority, the effects of...
The statement from the Unified Patent Court (UPC) Preparatory Committee indicating that they are currently working under the assumption that the UPC will become operational in December 2017 follows the shock announcement in November 2016 that the UK will proceed with...
Background Article 6(2) of the EU Biotech Directive excludes uses of human embryos for industrial or commercial purposes from patentability[1]. This exclusion does not affect inventions for therapeutic or diagnostic purposes which are applied to the human embryo and...
Article 72 of the European Patent Convention states that an assignment of a European patent application shall be made in writing and shall require the signature of the parties to the contract. Such assignments can be recorded centrally at the EPO for pending...
Introduction In decisions G 2/12 (“Broccoli II”) and G 2/13 (“Tomatoes II”), the Enlarged Board of Appeal (EBA) of the European Patent Office (EPO) found that plants and products thereof, e.g. seeds and fruits, are patentable. This is the case...
Introduction There are two key points of practice discussed in the T 1691/15 Decision:- The default position of the Directorate Quality Support (DQS), a department within the EPO, to keep complaints confidential and on the non-public part of the file; and The...
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