Background Although double patenting objections have often been raised during examination of European patent applications, the legal basis for such objections has regularly been questioned over recent years. Previous Enlarged Board of Appeal decisions G1/05 and G1/06...
The decision in more detail In first instance proceedings concerning European patent EP1369037, the Opposition Division concluded as follows: The subject-matter of claims 1 and 2 as granted was not novel in view of the disclosure of each of D1, D2 and D4. The...
The context of the referral The parties to the proceedings in T 1807/15 were originally summoned to in-person Oral Proceedings scheduled for 3 June 2020. Due to the COVID-19 pandemic, the Oral Proceedings were postponed to 8 February 2021. On 8 January 2021, the...
Previous Case Law It has previously been well-established that the EPO Boards of Appeal should not generally overturn findings of fact made by first instance examination or opposition decisions. EPO Decision T 1418/17 set out a limited number of circumstances in which...
EPO Decision T1285/15 relates to an appeal from an Opposition Decision to maintain (in amended form) European Patent No. EP1567358 owned by De La Rue International Limited. The patent relates to security devices, for example those used to verify the authenticity of...
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