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...
Extensions of Time The most notable change is that requests for extensions of time will now only be available in “exceptional cases with duly substantiated requests”. This is in contrast to the current practice where extensions of time are routinely...
Stay of Proceedings pending the Issuance of the Enlarged Board Decision Whilst G1/15 is pending before the Enlarged Board, cases under examination or opposition will be stayed where: an invention to which a claim is directed is not novel and/or inventive in the light...
It is well known, and often lamented, that it takes a long time for a patent to be granted. Occasionally, a delay in getting a patent granted is useful as it gains time for a business to become established. Often, however, the wait is a source of frustration. This can...
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