The European Patent Office (EPO) is an organ of the European Patent Organisation, an intergovernmental organisation that was set up on 7 October 1977 on the basis of the European Patent Convention (EPC) signed in Munich in 1973. The EPO is responsible for the uniform procedure to grant European patents. Once the EPO has granted a European patent, the patent holder can validate it in every single contracting state. In the future, the EPO will also be in charge of deciding on requests for unitary effect of European patents under the Unitary Patent system.
The preparations for the start of the Unitary Patent and the Unified Patent Court have gained momentum. In the upcoming week a high-profile conference on the UP system will be held in Brussels and a mock UPC trial in Paris. The conference, jointly organised by the Belgian government, the EPO and the European Commission, will…
Six months after ILOAT judgment No. 4551, ruling that measures restricting mass emails at the European Patent Office were contrary to the freedom of communication and must be set aside, the EPO management has failed to execute the judgment and has tried to restrict mass emails in other ways. The Central Staff Committee (CSC) of…
In a case where the patent is not opposed in its entirety, the opposition being directed at certain claims only, and where the Opposition Division decides that all of the proprietor’s requests in relation to the opposed claims must fail, only the unopposed claims, which are not part of any opposition proceedings, are left standing….
To ensure you don’t miss out on interesting IP law developments reported on our other IP blogs, we will, on a regular basis, provide you with an overview of the most-read posts from each of our IP law blogs. Here are the most popular posts over the past few months. Top 3 Kluwer Patent Blog…
It has long been held that a prior art disclosure of a chemical compound would disclose this chemical compound in all grades of purity and that novelty could only be achieved if the claimed level of purity could not be reached in the prior art. However, in the current decision the view that such an…
As per the EPC definition, a substance or composition that is already known to have been used in a “first medical use” may still be patentable for any second or further use, provided that said use is novel and inventive. Even though the first medical use was the subject of patent protection within the EPC…
The EPO has violated the right of free association by imposing restrictions on staff’s choice of members for the Appeals Committee and other statutory bodies of the EPO. The Administrative Tribunal of the International Labour Organisation ruled this in a case which was published on 6 July 2022. In another case it judged that restrictions…
The member states of the European Patent Organisation have re-appointed EPO president António Campinos for a second five-year term in office, commencing 1 July 2023. The decision was made at a meeting of the EPO’s Administrative Council held in Munich. As far as is clear, there was no extensive discussion about the reappointment, despite a…
The Holy Roman Empire (Latin: Sacrum Romanum Imperium; German: Heiliges Römisches Reich, later: Heiliges Römisches Reich deutscher Nation) was one of the largest, most successful and longest-lasting political entities in Europe. Founded by the German Emperor Otto the Great in 962, who wanted to continue and revive the empire of Charlemagne, who in turn considered…
Staff members of the EPO have little confidence in the top management. They don’t think there is a clear and coherent strategy, there are big concerns about quality and also about the increasing work load. This is shown by the fifth Technologia Survey, the results of which have been shared with staff last week. The…
