Ahead of their meeting late June, a petition calling for a conference of ministers of contracting states under Article 4a EPC has been sent to the members of the Administrative Council of the EPO. The petition is an initiative of the EPO’s trade union SUEPO, which has invited all staff members to sign it. According…
The EPO violated the fundamental right of free association of its staff in 2014 by giving (former) president Benoit Battistelli the power to determine the detailed conditions relating to the staff committee elections. The Administrative Tribunal of the International Labour Organization (ILOAT) has ruled this in its judgment 4482, which was published after its 133d…
The Enlarged Board of Appeal has now issued its long-awaited full decision in case G 1/21. Readers can access it here. The decision deserves a few comments. The Enlarged Board’s advance publication of the order of the decision in July was viewed by many as a sort of cliffhanger. This was because the question answered…
On 8 October 2021, His Honour Judge Hacon (sitting as a Judge of the High Court) handed down his decision in an action brought by Royalty Pharma Collection Trust (“Royalty Pharma”) for approximately €23 million in royalty payments from Boehringer Ingelheim GmbH (“Boehringer”) (Royalty Pharma Collection Trust v Boehringer Ingelheim GmbH [2021] EWHC 2692 (Pat))….
Eight years (!) after complaints of dozens of EPO staff members against the way they were treated after having participated in strikes, a final decision in their cases is finally there: former EPO president Benoit Battistelli abused his power in various ways when and after implementing new rules in July 2013 to restrict the rights…
In utility model cancellation proceedings, if a proprietor defends its utility model only with certain sets of claims, the Federal Patent Court generally has no reason to subject the subject-matter of individual claims to separate examination. However, the situation is different if the proprietor submits for decision a set of claims with independent claims that…
Introduction The impact of Artificial Intelligence (AI) on intellectual property (IP) law undoubtedly ranks as one of the most-discussed topics of 2020 among legal academics and practitioners. Following initiatives at WIPO, the EPO and several national IPOs (including the UKIPO and the USPTO), EU institutions have now also become active in this area. On 20…
The EPO’s biennial fee increases come into force on 1 April 2020 and include a 20% hike of the appeal fee. At the same time, new appeal fee refund provisions are being introduced through an amendment to Rule 103 EPC. These are intended to encourage appellants to continuously review whether to continue or withdraw their…
Not too long ago we learned of a referral question from Technical Board of Appeal 3.5.03 regarding the legal basis for holding oral proceedings before the Boards of Appeal in Haar rather than in Munich. While it does not directly relate to the legal question in the referral, a relevant consideration was recently published in…
The UK Supreme Court today handed down its decision in Actavis v ICOS. The decision was unanimous, with Lord Hodge giving the only judgment. The case concerns two principal questions. First, how the test for obviousness applies to a dosage patent; and secondly, whether the Court of Appeal was entitled to reverse the judgment of…
