Updates on EPC, PCT, EPO case law and the e-EQE

The update of our EPC.App reference book to legal status of 1st November 2023 is completed. Key changes since the last update in April were the abandonment of the 10-day rule in Rules 126, 127 and 131 as of November 2023, G 1/22 + G 2/22 on entitlement to priority, J 5/23 on signature requirements, more functionalities in MyEPO Portfolio, and of course the UPCA entry into force.

In the self-editable online version of our EPC commentary, all changes of the update are rolled-out automatically, while personal user annotations from before the update are retained. They can be exported into a customized printable PDF offline version, which may further be ordered as colored paperback via the integrated print-on-demand service. As always, we also released this 11th edition in English and German with same content.

The application relates to an automated three dimensional mapping method.

Brief outline of the case

The application was refused for lack of sufficiency. The applicant appealed the decision.

In the statement of grounds of appeal, the applicant, inter alia, requested that the case be remitted to the ED and the appeal fee be reimbursed because its right to be heard under Art 113(1) had been violated.

The patent relates to a detector and the detection of blood and biological marker substances in optically dense and clear liquids or in secondary liquids used in blood purification machines, i.e. dialysis machines..

Brief outline of the case

The patent was maintained according to AR2 and both the proprietor and the opponent appealed the decision.

The application relates to an input protection circuit for an analog optocoupler.

Brief outline of the case

The applicant appealed the decision of the ED refusing the application for lack of clarity of all the valid requests.

The board confirmed the lack of clarity of all the valid requests.

I apologise in advance to the readers as the present post is rather long, but deserves it in view of the topic dealt with.

In the present case, no bibliographical data are directly available on the front page of the decision. The application number, EP 14811009, was however disclosed in Point I of the Facts and Submissionswhich reads:

“The applicant is a physical person residing in the USA.