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Topic: Appeal procedure before the European Patent Office

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	Appeal procedure before the European Patent Office - Wikipedia, the free encyclopedia
		The members of the Boards of Appeal and of the Enlarged Board of Appeal are appointed by the Administrative Council of the EPO, and are employed of the European Patent Organisation.
		The President of the European Patent Office shall be informed of the Board's decision." (Article 15(1) Rules of Procedure of the Boards of Appeal [3]).
		European Court of Justice, the appeal court of the European Union, but which is not involved in the appeal procedure before the EPO
	en.wikipedia.org /wiki/Appeal_procedure_before_the_European_Patent_Office (1139 words)

	The UK Patent Office - Patents - Glossary of Terms (Site not responding. Last check: 2007-09-03)
		The basic conditions of patentability, which an application must meet before it is granted, are that the invention must be novel, contain an inventive step, be capable of industrial application and not be in one of a number of excluded fields.
		A patent application may claim as a priority date the filing date of an earlier patent application provided that the earlier application was (i) filed in the previous 12 months, (ii) filed by the same applicant as the later application and (iii) filed in a Convention country.
		A report to the applicant by a patent examiner, bringing to the applicant’s attention documents which are thought by the patent examiner to establish whether the invention is novel and inventive.
	www.patent.gov.uk /patent/glossary (2316 words)

	Category:European patent law - Wikipedia, the free encyclopedia
		The main article for this category is European patent law.
		Convention on the Unification of Certain Points of Substantive Law on Patents for Invention
		Institute of Professional Representatives before the European Patent Office
	en.wikipedia.org /wiki/Category:European_patent_law (92 words)

	EPO - Legislative Initiatives in European Patent Law
		The organs of the EPJ are the European Patent Court (comprising the Court of First Instance, the Court of Appeal and a Registry) and the Administrative Committee.
		6.3 The substantive patent law contained in the Agreement is closely related to the corresponding provisions in the 1989 Agreement relating to Community patents, e.g., the definitions of infringing acts and indirect infringement, the provisions on limitation of the effects of the European patent and the reversal of burden of proof.
		Before the Central Division, the language of the proceedings before the EPO.
	patlaw-reform.european-patent-office.org /epla (1439 words)

	HPO - Patent - European Procedure - Acquiring Patent through a European Procedure
		European patent is a patent granted on the basis of the Munich Convention concerning the granting of the European patent protection of October 5, 1973 (hereinafter referred to as the "Convention").
		In case of a positive outcome the EPO grants a European patent on the subject matter of the application, the scope of which extends to the territories of all countries indicated in the application.
		The further agenda of the European patents becoming effective in the individual countries, is essentially similar to the patents granted by the national offices.
	www.hpo.hu /English/szabadalom/eu_ut (361 words)

	Recent Decisions from the European Patent Office
		This date was prior to the filing date of the European patent being considered by the appeal board which therefore had to consider whether the Brazilian publication was relevant prior art or whether it was excused as an "evident abuse " of the applicant.
		Presumably, in view of Article 88(2) of the European Patent Convention, which permits multiple priority dates in a single claim, this 'prior art' can be cited with respect to only a portion (or element) of a claim which is not entitled to a priority claim.
		In this case, the question before an Appeal Board was whether or not it was permissible to amend a main claim to incorporate in it two further features that were disclosed in the original application only in the description of a specific embodiment that was described with reference to a particular figure.
	www.ladas.com /Patents/epopatent.html (2408 words)

	syngenta cuts (Site not responding. Last check: 2007-09-03)
		Before the advent of targeted genetic engineering, new plant varieties were generally obtained by traditional breeding methods that involved the selection and crossing of individual plants with improved traits.
		With regard to the patenting of individual gene sequences in the United States, the position of the USPTO is similar to that of the EPO: as well as being novel and inventive, isolated nucleic-acid sequences are required to show credible uses (40).
		Another issue relating to the infringement of patents that might lead to controversial decisions by the courts is the reuse of seeds by farmers who have paid for a license to grow a specific plant that is protected by a patent.
	www.checkbiotech.org /blocks/dsp_document.cfm?doc_id=6290 (4934 words)

	THE EURASIAN PATENT CONVENTION IN COMPARISON TO
		The Eurasian Patent Convention was implemented on January 13 in Kyrgyzstan, on February 27 in Armenia and on February 16, 1996 in Moldova.
		Like in the European Patent Convention as well as in most other countries, the scope of protection conferred by a Eurasian patent is determined by the claims, whereas the specification and the drawings solely serve to interpret the claims.
		Particularly in the case of international patent applications for which the regional phase before the Eurasian Patent Office is not initiated until shortly before the 31-month term expires, it is to be noted that the publication of the international search report substitutes for the publication of the Eurasian search report.
	www.euromarkpat.com /nw-euras.htm (4220 words)

	Società Italiana Brevetti intellectual property consultants: European patents
		The Paris Convention, the European Patent Convention, the Patent Cooperation Treaty (PCT) and the Budapest Treaty.
		Applications may be filed at one of the branch offices of the European Patent Office of Munich (Germany) or at the national patent offices of member countries of the European Convention.
		The European Office carries out a novelty search on the invention which is made available to the applicant and is one of the elements taken into consideration for the next phase of examination.
	www.sib.it /engsib/invenz/breeuri.htm (792 words)

	Patent examination - EPO
		The content of European patent applications filed prior to the date of filing or priority date and published on or after that date is considered as comprised in the state of the art and therefore prejudicial to novelty but not for inventive step.
		The technical boards of appeal are responsible for appeals against decisions of the examining divisions concerning the refusal of European patent applications or the granting of European patents and for appeals against decisions of the opposition divisions.
		The EPO procedure that is the closest to a USPTO re-examination is the opposition.
	pagebox.net /exam2ForPrinters.html (5440 words)

	European Opposition Procedure
		Only European Patent Attorneys or European lawyers have the right to present the case for the Patentee or Opponent (in fact, lawyers only very rarely appear at the EPO), but experts or witnesses of fact may testify if they were notified to the other parties and the EPO well before the Hearing (27).
		Where the Opposition (or any appeal from it) resulted in an amended patent, then after the end of the proceedings, an amended specification is republished by the EPO, and the Patentee must file a translation into the relevant language at the patent office of each designated state (38).
		Where the Opposition or appeal resulted in the patent being maintained, unamended or amended, further attacks on the patent may be made before the national Courts or patent offices of the designated states (40), but such attacks are operative only to revoke or limit the patent in the state concerned.
	www.jenkins-ip.com /serv/serv_4.htm (2627 words)

	Patents, Law (Consolidation), 25/06/1954 (24/03/1995) (Site not responding. Last check: 2007-09-03)
		Patents shall not be granted for new varieties of plants or animal breeds, or for essentially biological processes for producing plants or breeding animals; microbiological processes and products obtained by such processes shall be patentable, however.
		In the procedure before the Federal Institute of Intellectual Property, the patent applicant shall be considered as being entitled to apply for the grant of the patent.
		Patent applicants or patent owners who are Swiss nationals may rely on the provisions of the text, binding Switzerland, of the Paris Convention for the Protection of Industrial Property of March 20, 1883, where those provisions are more favorable than the provisions of this Law.
	www.wipo.int /clea/docs_new/en/ch/ch078en.html (7106 words)

	EPO - press releases - Oral proceedings at the European Patent Office in opposition proceedings relating to a patent ...
		Under Article 83 of the European Patent Convention (EPC), the description of an invention has to be sufficiently clear and complete for it to be carried out by a person skilled in the art.
		The "soya" patent is European patent EP Its title is "Particle-mediated transformation of soybean plants and lines".
		In this procedure, involving opponents and the patent proprietor, the EPO’s Opposition Division decides whether the contested patent should be maintained, amended or revoked.
	www.european-patent-office.org /news/pressrel/2003_05_06_e.htm (409 words)

	Publications
		PCT-EASY was an application that facilitated patent application filing, giving the possibility for applicants to prepare patent application in both paper and diskette, but the application included the submission of substantive contents of the application on paper.
		It holds both US and European patents for an access time register, which is commonly used to increase the speed of communication between processing and memory devices in computers.
		The patent infringement cases filed by Rambus against its competitors in the US are slated to begin in May and September of this year, after the US Court of Appeals for the Federal Circuit ruled that a lower court had improperly allowed a jury verdict of fraud to stand against Rambus.
	www.mwe.com /info/news/euroip0304-patent.htm (1144 words)

	GLP - Intellectual Property Office - European patent
		The patent application, after its publication, confers the same rights as the granted patent itself, or at least the same rights which the published national application would confer in a country which has signed the Convention.
		The patent application may be filed at the European Patent Office in Munich, or at the Department in The Hague or at a branch agency of the Department.
		It is possible to appeal to the Appeals Board against the decision of the Opposition Division.
	www.brevettato.org /en/patents/index.php (749 words)

	Publications
		It held that ‘why was it not done before’ is a powerful consideration when considering obviousness, particularly when all the components of a combination have been long and widely known, which can tilt the balance in favour of non-obviousness of the patent.
		The patent, once held valid in earlier proceedings, is not unimpeachable in the latter case involving different parties, and can be challenged on the basis of different evidence of prior art.
		In assessing obviousness, ‘why was it not done before’ is a powerful consideration, particularly when all the components of a combination have been long and widely known, which can tilt the balance in favour of non-obviousness of the patent.
	www.mwe.com /info/news/euroip0404-patent.htm (1994 words)

	Patent Litigation
		On the first appeal, to the Sixth Circuit Court of Appeals, the District Court was sustained with respect to one patent and reversed with respect to a second.
		The patent was directed to a device used to create space within a patient's body to facilitate endoscopic surgery, e.g., for hernia repair, removal of femoral artery for use in by-pass surgery, etc. The devices substantially decrease patient trauma and are widely used by doctors.
		In actions before the International Trade Commission and various district courts, an Orrick lawyer was part of a team that asserted that methods of producing diltiazen (Cardizem® CD) used by various defendants infringed the client's process patent.
	www.orrick.com /practices/intellectual_property/patentLitigation.asp (6017 words)

	SeedQuest - News releases (Site not responding. Last check: 2007-09-03)
		The Opposition Division of the European Patent Office (EPO) came to this decision today after a public hearing in opposition proceedings.
		The "soya" patent is European patent EP 301 749 B1.
		Oppositions are filed against about 6% of the European patents granted each year.
	www.seedquest.com /News/releases/2003/may/5799.htm (398 words)

	Re Irish Patent No. E77480
		The European Patent was granted on 19th November, 1997 with Ireland as one of the designated countries, thereby creating the Irish Patent as a National Patent.
		On 10th August, 1998 the Petitioner filed opposition proceedings in the European Patent Office seeking to revoke the European Patent and these proceedings were determined on 23rd March, 2000 by a decision of the European Patent Office permitting certain amendments to the patent and refusing to revoke the patent as amended.
		On the other hand, if the European Patent Office decides to grant the patent, and the Irish Court revokes it, the effect is the patent would not be in force in Ireland, but would be in force in the other nominated countries under the convention.
	www.ucc.ie /law/irlii/cases/8716p_98.htm (1714 words)

	European Patent Academy
		This seminar consists of a series of eight one-day-modules, which will provide a systematic review of the procedure before the European Patent Office from filing to grant.
		European Patent Academy in co-operation with the respective member state’s national office, epi and CEIPI
		Appeals (Module 8): Decision subjects to appeal, time limits and form, examination of appeals, oral proceedings, case studies
	academy.epo.org /schedule/2004/ms5/index.en.php (249 words)

	European Patent Academy
		This seminar aims to give patent attorneys' support staff the necessary knowledge of all administrative and formal aspects of the application procedure before the European Patent Office (EPO).
		It will also provide in-depth cover of the formal requirements to be fulfilled in examination, opposition and appeal proceedings.
		European Patent Academy in co-operation with the Turkish Patent Institute
	academy.epo.org /schedule/2005/m40/index.en.php (139 words)

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