Harriet Crawford, Author at Kluwer Patent Blog

Abridged EPO appeal decisions

Harriet Crawford (GJE Intellectual Property)/January 22, 2020January 22, 2020 /5 Comments

T1687/17 is an early example of what an abridged decision under the new Rules of Procedure of the Boards of Appeal (RPBA) looks like: very short and published only a week after the oral proceedings, thereby also being timely in accordance with Art. 15(9) RPBA. The current RPBA contain new provisions allowing the Boards to…

Case Law, EPC, EPO, EPO Decision

Examination delays can be a substantial procedural violation

Arnie Clarke, Harriet Crawford (GJE Intellectual Property)/June 24, 2019June 24, 2019

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…