Background Historically (pre-2019), a subrange was considered novel over the prior art if the following criteria were met (T198/84 and T279/89): a) The selected subrange is narrower than the known range; b) The selected subrange is sufficiently far removed from any...
Timeline of events The applicant filed a Petition for Review against the ‘decision’ of the Board of Appeal in T 0695/18 of 5 October 2021 not to consider their submissions of 29 September and 5 October 2021 respectively. The Petition for Review was based on (i)...
Background In 2019, the European Patent Office (EPO) set out its Strategic Plan 2023, detailing a series of proposed updates and reforms to its working practices, including changes to its IT systems. At that time, nobody could have predicted just how quickly the EPO...
In February 2022 we reported on the Written Decision issued in T 116/18, which confirmed the scope of the referral to the Enlarged Board of Appeal (EBA) of the European Patent Office (EPO) regarding the use of post-published evidence for establishing a technical...
This case concerned an appeal from a decision of the Opposition Division to maintain an opposed patent in amended form (European Patent No. EP2876903). During the Opposition Proceedings the Opponent filed prior-art document D17 in response to the Patentee’s reply to...
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