Furthermore, this Appeal Board is the same Board that presided over T1989/18, and issued the first Board of Appeal decision to find a lack of legal basis for requiring amendments to the description. Background to Appeal T0056/21 Prior to issuing the Notes of...
Background Under UK law, if an invention is devised by a person who is an employee of another party, and that other party owns the invention by virtue of being that person’s employer then, if a patent is granted for the invention and either the invention or the patent...
Introduction to the Decision On 10 October 2023, the Enlarged Board of Appeal (EBA) of the European Patent Office (EPO) published its decision in combined referrals G 1/22 and G 2/22: “Entitlement to Priority”. The referrals arose in cases T2719/19 and T1513/17. While...
Background With the present appeal, Baxalta challenged the District Court’s decision to hold claims 1–4, 19, and 20 of U.S. Patent No. 7,033,590 (the ‘590 patent) invalid for lack of enablement. Independent claim 1 is representative and recites: An isolated antibody...
The Decision According to Article 72 EPC, the assignment of a European patent application must be made in writing and requires “the signature of the parties to the contract”. The question for the Legal Board of Appeal in J 0005/23 was whether the...
This case relates to methods for manufacturing a quartz glass lamp. In particular the invention relates to forming the seal between the metal electrode and the quartz glass tube during the course of manufacture. Accordingly, the problem that this invention seeks to...
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