by Daniel X. Thomas
I looked at a total of 1234 published decisions of the BA after appeal in opposition in 2024. Of those, 1108 were final decisions and 126 were remittals to the OD.
Survival rate of patents after appeal in opposition
When looking at published final BA decisions it turns out that 50% of patents are revoked,
by Daniel X. Thomas
I participated on 28.02.2025 to a meeting of Union IP about interpretation of claims and bifurcation.
During this meeting, when presenting G 1/24, the representative of the EPO drew the attention to a future referral to the EBA on the adaptation of the description.
EP 2 124 521 B1 relates to a mineral fibre product,
by Daniel X. Thomas
EP 3 086 872 B1 relates to an inorganic composite oxide, its preparation and use in an exhaust gas purifying catalyst.
The originally filed application was published as WO 2015/100313.
Brief outline of the case
The patent was revoked for lack of sufficiency and added matter.
by Daniel X. Thomas
EP 3 466 903 B9 relates to a batch for producing a refractory product, a method for the manufacture of a refractory product, a refractory product and the use of synthetic raw material.
Brief outline of the case
The opposition was rejected and the opponent appealed.
The board held that claim 1 as granted lacked IS.
by Daniel X. Thomas
EP 2 900 191 B1 relates to a disposable absorbent article with extensive and retractable core.
Brief outline of the case
Claim 1 as granted infringed Art 123(2). The patent was maintained according to AR1.
Both proprietor and opponent appealed.
The board confirmed that claim 1 as granted infringed Art 123(2).