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…

The Chartered Institute of Patent Attorneys (CIPA) in the UK has harshly criticized the European Patent Office for its handling of the issue of patentability of plants. Last month it published a position paper in which it said measures proposed by the EPO to create clarity undermine legal certainty or are even unlawful. Kluwer IP Law…

Only two thirds of EPO staff are proud to work at the European Patent Office. Four in ten say they face substantial obstacles to doing their job well. They have a very negative view of management effectiveness, with low confidence in senior management decisions, lack of clarity about direction, and insufficient contact between senior management…

The decision of the Administrative Council of the EPO to refer to the Enlarged Board of Appeal (EBA) decision T 1063/18 on the patentability of plants obtained by essentially biological processes has been criticized from various sides. A week ago, during the 159th meeting of the EPO Administrative Council, president António Campinos said his referral of…

The high-profile issue whether plants obtained by essentially biological processes can be patented will be referred to the Enlarged Board of Appeal (EBA) of the EPO. This has been decided during the 159th meeting of the Administrative Council earlier this week. According to an EPO press release, contracting states expressed their concerns with regard to…

The results of the EPO’s online user consultation on a procedural option for postponing examination of a European patent application have now been published and are available here (pdf). To cut a long story short, users’ opinions are quite divided. The overall result is surprisingly similar to the result of the Brexit referendum (52% in…