The Enlarged Board of Appeal states in its Opinion G3/08, reason 7.2.1 (italics added): “The European Patent Organisation is an international, intergovernmental organisation, modelled on a modern state order and based on the separation of powers principle, which the sovereign contracting states have entrusted with the exercise of some of their national powers in the…

The G3/08 opinion concerns the long-awaited view of the Enlarged Board of Appeal (EBoA) on the patentability of computer programs. The EBoA examined various issues regarding Article 112(1)(b) EPC. The EBoA held that positions taken in T1173/97 and T424/03 were clearly contradictory on the question whether it makes a difference whether a computer program is…

The Board considered whether the introduction of the EPC 2000 raised the requirements for a notice of appeal to be admissible. Rule 99(1)(c) EPC 2000 requires that the notice of appeal contains ‘a request defining the subject of the appeal’. Rule 64 EPC 1973 required that the notice of appeal contains a statement identifying ‘the…

The divergences of solutions which can exist between the various national courts with respect to the various national designations of the same European patent could become a major obstacle to the circulation of the Euro banknotes throughout all Europe. The national designation of European patent EP 0 455 750, the holder of which – Document Security System – claims that it is infringed by the Euro banknotes, is held valid in Germany, Holland and Spain but invalid in Belgium, the UK, Austria and France. The invalidity is affirmed in France by the 17 March 2010 decision of the Cour d’Appel of Paris.

The questions referred to the Enlarged Board of Appeal were answered as follows: 1. A claimed imaging method, in which, when carried out, maintaining the life and health of the subject is important and which comprises or encompasses an invasive step representing a substantial physical intervention on the body which requires professional medical expertise to…