T1828/08, European Patent Office (Appeals Court), 7 December 2011

Kluwer Patent Blog
July 30, 2012

Please refer to this post as: , ‘T1828/08, European Patent Office (Appeals Court), 7 December 2011’, Kluwer Patent Blog, July 30 2012, http://patentblog.kluweriplaw.com/2012/07/30/t182808-european-patent-office-appeals-court-7-december-2011/


The objection raised by the opponent that the protected subject matter of a divisional application extends beyond the content of the parent application does not represent a “fresh ground for opposition”,. This bbecause in the present case i.c. the opposition division hadhas earlier raised an unrelated objection earlier, holdinstating that the patent based on the divisional application extends beyond the parentdivisional parent application, even though the original grounds of opposition concerned only inventive step. G 1/95 makes it clear that the alternatives mentioned in the ground for opposition under Article 100(c) EPC relate to a single legal basis on which an opposition can be based. Therefore, the new objection that the divisional application extends beyond the parent application can should be considered in the appeal proceedings stage without the approval of the patentee.

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