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

In a recent blog dealing with T 803/17 and T 882/17, I commented on the problem of the hierarchy of legal norms in the EPC system. It is worth noting that in T 882/17 we find a mention of J 14/19, see below.

In recent decisions, some of them, e.g.

From time to time parties request correction of the minutes of OP before a deciding body of the EPO. Sometimes they also request

This decision deals with a request for correction of the minutes of OP before a BA.

In this post, requests for recording the statement of a party will also be dealt with.

Brief outline of the case

The OD decided that:

• Claim 1 as granted lack N over D4=US 5,565,528 (Not in the ISR/EPO).
• AR1 was not admitted in the procedure.
• AR2 lacked of IS over CPA=D18=WO 02/22767 (Not in the ISR/EPO) + D21= Calculation of the proprietor based on D18 filed during OP before the OD
• AR3 was allowable.

We have just completed our major update of PCT.App for the legal changes in July & August. Most of the changes relate to sequence listings, which is now much more integrated into PCT. We have also changed some core structures to improve the layout and to distribute legal provisions in a more logical way.

In the self-editable online version of our PCT commentary, all changes of the update are rolled-out automatically, while personal user annotations from before the update are retained, and can be exported into a customized printable PDF offline version. As usual, we further released this September 2022 edition as standalone softcover books in English or German with same content.

Brief outline of the case

The proprietor and the opponent appealed the OD’s decision to maintain the patent in amended form according to AR3 filed during the OP before the OD.

The opposed patent relates to a hearing system.

The appellant/opponent requested that the decision under appeal be set aside and that the patent be revoked.