An amendment of independent patent claim 1 during prosecution introduced a new feature. According to the Examining Division this led to the combinations of features of dependent claims 2-4 to extend beyond the disclosure of the application as filed (Art. 123(2) EPC). The Board of Appeal held that the focus of the Examining Division was…
Since Rule 140 EPC is not available to correct the text of a patent, a patent proprietor’s request for such a correction is inadmissible whenever made, including after the initiation of opposition proceedings. Click here for the full text of this case. A summary of this case will be posted on http://www.KluwerIPCases.com
The Board of Appeal had to decide whether the showing of results of a database analysis as a tree diagram could contribute to the technical character of the invention. The Board of Appeal pointed out that in this case one should take a wider view of the term “presentation of information” than just the actual…
The question of whether or not a claim in a patent deriving from a divisional application covering or embracing something which was not specifically disclosed in the parent application, is not the proper standard for determining whether there has been an inadmissible extension of subject-matter. Although broadening of individual features is not prohibited by Art….
The opponent relied on a document that was distributed in a meeting arranged by himself. The Board of Appeal held that in the present case, it did not share the view of the patentee that it was impossible for him to prove non-distribution and that therefore the burden of proof was with the opponent. In…
The Opposition Division upheld a patent in a decision finding novelty over D1 and inventive step over D1 in combination with D3 or D4. The opponent filed a statement of grounds of appeal containing a new prior art document D5 and argued lack of novelty over D5 or lack of inventive step over the combination…
The Hong Kong Polytechnic University filed a patent application for a system and process for monitoring railway tracks by means of optical fibres. The applicant argued that, whereas document D1 related to railway monitoring systems using optical fibre sensors, the skilled person, being, as railway engineers, of very conservative nature, would only consider conventional electromagnetic…
SK Telecom filed a patent application for a system and method for financial transactions, wherein a user was allowed to load money in his account on a host computer. The examining division refused to grant a patent for lack of inventive step as the invention related to a straightforward technical implementation of an administrative banking…
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…
In this case, the Board of Appeal had to decide whether a claim containing a feature for which the description contained erroneous figures only met the requirements of Article 83 EPC (sufficiency of disclosure) and Rule 27(1)(e) EPC 1973 (corresponding to Rule 42(1)(e) EPC 2000). The Board of Appeal decided that a patent application should…
