Bayer was not granted an injunction in preliminary proceedings because the Court found that there was a serious chance that Bayer’s patent would be held invalid. The fact that the patent had survived opposition before the EPO was of no influence since new, closer prior art had subsequently been found. Case date: 17 September 2019 Case…

While the EPO published a report late September about the importance of intellectual property rights for the European economy, internally meetings were held by EPO president António Campinos both with the Central Staff Committee and representatives of trade union SUEPO to normalize relations between staff and management. Campinos announced several encouraging measures. Still, there is…

The European Patent Office has today published an advance preview of its annual update to the Guidelines for Examination which will come into force on 1 November 2019. This year, there have been some tweaks to sections on how novelty, inventive step and clarity are assessed. The updates also add detail to discussions on formalities…

Despite all uncertainty regarding the future, due to the ongoing Brexit saga and the German constitutional complaint, preparations for the Unitary Patent system are quietly going on. The EPO Select Committee gathered information on national measures accompanying the implementation of the system which was distributed among members of the Committee this summer. Also, the epi…

A claim to a device will be denied patentability under Art. 53(c) EPC if it can only be produced through the exercise of a surgical method step. A European patent was granted for a device for the desynchronization of activity of pathologically active brain areas. Specifically, the claim defined ‘control means, which are designed such…

Late in 2018, Board 3.5.07 issued two decisions on appeals from Examining Division decisions, in which the length of the examination procedure was excessive.  The Board decided that such delays can amount to a substantial procedural violation, but that it is only equitable to reimburse the appeal fee if the applicant took some proactive measures…