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Foreword
Over more than thirty years, the Boards of Appeal of the European Patent Office have developed a substantial body of case law on the European Patent Convention. Since the first decision handed down in March 1979, the Boards of Appeal have settled more than 28 000 cases. In addition more than 90 decisions or opinions of the Enlarged Board of Appeal have clarified legal points of fundamental importance in order to ensure uniform application of the law.
The sixth edition of the "Case Law of the Boards of Appeal of the European Patent Office" incorporates decisions written by the end of 2009. It also takes account of a number of important decisions issued in the first two months of 2010. The book follows the same general pattern as in the previous editions, dividing the case law into topics and illustrating each by short summaries of selected decisions. The chapters have been fully revised and updated in the light of the EPC 2000 revision.
The purpose of this book is to help users of the European patent system identify the decisions they need. No summary, however careful, can replace study of the actual decision. All of the decisions handed down since 1979 can be consulted in full and free of charge on the EPO website (www.epo.org). They can be accessed via the reference number or via search terms. They are also available on the "ESPACE Legal" DVD, which is published twice a year.
I wish to take this opportunity to thank the members of our Legal Research department, who, with great commitment, have undertaken a revision of the text, harmonised and updated the comprehensive index and table of cases in the three official languages. My thanks also go to the EPO Language Service, without whose co-operation and hard work simultaneous publication in the three official languages would not have been possible. Lastly, I wish to thank all the other EPO staff who have helped produce the present publication.
This latest report on the case law of the EPO boards of appeal will provide useful and comprehensive information for everyone concerned with European patent law. Readers are also referred to the annual "Board of Appeal Case Law" Special Editions to the EPO Official Journal.
I am certain that all those who read the report will find it very useful.
Peter Messerli
Chairman of the Enlarged Board of Appeal
Vice-President Directorate-General 3