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Okay – I admit it – that’s a massive lie. Decision G1/12 of the Enlarged Board of Appeal, which issued on 30 April, is not exactly a thrills-and-spills ride. The questions are uninspiring, and there is some pretty beardy, academic stuff in the Decision, but it’s all about the sort of procedural stuff that could just save a representative’s behind from the gluepot one day, so if you’re an EPA, I suppose it might be worth a cursory glance.
If you don’t have the time to wade through it yourself, the headline is: if you accidentally name the wrong Appellant on a notice of appeal, but you intended to name the right one, and the right one is inferable from the file, you can correct it. Which we pretty much knew (or at least suspected) already given existing case law, but now we know it a bit more. If you want to find out how getting to that earth-shattering conclusion could possibly have required the input of the EBA, here’s a run-down of events. Peruse through it while I write to Alton Towers and suggest that they call their next rollercoaster the G1/12-o-nator.
As noted in a recent post on IPcopy, the freedom for a patentee to amend claims during EPO opposition and opposition appeal proceedings is to be considered by the Enlarged Board of Appeal (EBA).
Since our earlier post we have heard mention of this referral from a member of the Technical Boards of Appeal at a seminar in London and have also had further comments from the Chairman of the case in question, including some suggestions as to when the referral will progress further. (more…)
The freedom for a patentee to amend claims during EPO opposition and opposition appeal proceedings is to be considered by the Enlarged Board of Appeal (EBA). In a referral to be issued shortly, the EBA will be asked if the clarity of a proposed amended claim should always be open for consideration even if the amendment simply consists of limiting the scope of a granted independent claim by incorporating the features of a granted subsidiary claim. (more…)