Home » Posts tagged 'Enlarged Board of Appeal'
Tag Archives: Enlarged Board of Appeal
EPO Enlarged Board of Appeal on Clarity: Clear As It Has Ever Been
The Enlarged Board of Appeal has now issued its Decision on referral G 3/14. G 3/14, originally reported in IPcopy here and with subsequent updates, most recently here, relates to how issues relating to clarity should be considered in opposition and opposition appeal proceedings. The Enlarged Board was faced with a choice between a “conventional” approach in which clarity can only be considered where the lack of clarity lies in the amendment (a line of cases which the EBA considered to lead from T 301/87) and a “divergent” approach allowing a wider power to examine for clarity (a line of cases considered to lead from T 1459/05 – the EBA drew particular attention here to T 472/88). The Enlarged Board came down clearly on the side of the conventional approach, but also went beyond the circumstances of the case referred to discuss the boundary between claims that should and should not be examined for clarity. (more…)
EPO & Added Matter: Board of Appeal pooh-poohs Examination Guideline Update
The EPO’s Guidelines for Examination were updated in November last year. Section H-IV, 2.3 covers the general rules for assessing amendments for conformity with Article 123(2) EPC. Following general grumbles that the EPO was becoming a bit too strict when assessing whether amendments comprised added matter, section H-IV, 2.3 was updated to say that literal support is not required (based on T667/08) and that an added matter assessment which “disproportionally focusses on the structure of the claims” should be avoided (this position being taken from T2619/11).
However, a recent Board of Appeal decision, T1363/12, that was published shortly after the Exam Guidelines update, has reaffirmed the “gold standard” test in G2/10, has downplayed the significance of T2619/11 and has effectively suggested that the Guidelines do not accurately reflect the position in G2/10. (more…)
Clarity referral to the Enlarged Board – the EPO issues a clarifying notice (G3/14)
Referral G3/14, which relates to the issue of clarity objections in Opposition and Appeal Board proceedings, is currently pending before the EPO. As noted in an earlier IPcopy post the issues concerned are fairly fundamental and have the potential to impact many post grant proceedings via the possibility of the staying of proceedings.
The EPO has recently issued a Notice concerning the staying of proceedings due to the referral of G3/14. (more…)
IPcopy 