In these proceedings the European Patent Office (EPO) Technical Boards of Appeal (TBA) revoked a patent owned by Husqvarna AB following an appeal brought by Brokk AB. With regard to assessing amendments for addition of matter under Article 123(2) EPC the TBA were...
The case had already been through several stages of proceedings. At the first instance, the trade mark was declared invalid on the basis that it provided a technical result. The proprietor appealed that decision to the Board of Appeal, where it was concluded that, as...
Background The Claimant, Agathon, was the proprietor of a European patent relating to a mechanical system designed to improve alignment in industrial machinery. Particularly, the invention concerns the repeated opening and closing of heavy metal components where...
Background The applicant Kct GmbH & Co. KG filed an application for a motion mark depicting the opening and closing of a window, as depicted below. The EUIPO rejected the application for lack of distinctiveness, and the Board of Appeal upheld that decision,...
Background The UPC Court of Appeal’s decision in Otec v. Steros provides an interesting insight into claim interpretation and the constraints on relying on post-filing experimental evidence at the UPC. The case, UPC Court of Appeal decision 579/2025, arose from a...
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