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Case Law of the Boards of Appeal

 
 
E
Electronic filing of appeal, IV.E.2.5.1
Electronic filing of documents - legitimate expectations, III.A.3.2.3
Enabling disclosure in the priority document, II.D.2.3
Enhanced effect - inventive step, I.D.9.18.5
Enlarged Board of Appeal, IV.E.9
Petition for review, IV.E.9.2
Referral under Article 112 EPC, IV.E.9.1
Replacement of members of the board of appeal - petition for review, IV.E.9.3.1
Suspected partiality of members of the ~, III.J.10
Suspected partiality of members of the ~ in petition for review cases, III.J.10.2
Entitlement to appeal, IV.E.2.4
Appeal filed by wrong company, IV.E.2.4.1.b
Appeal filed in name of representative, IV.E.2.4.1.a
Company in receivership, IV.E.2.4.1.d
Parties to appeal proceedings - procedural status, IV.E.2.4.3.a
Party adversely affected, IV.E.2.4.2
Entitlement to file an opposition - opposition procedure, IV.D.2.1
Joint opposition - multiple opponents, IV.D.2.1.6
Opposition by patent proprietor, IV.D.2.1.2
Straw man, IV.D.2.1.3
Entry into force - decision to grant a European patent, IV.B.3.10
Entry into force of decisions, III.K.3.1
EPO 
~ acting as PCT Authority, VI
Competence of the boards of appeal in the former protest proceedings, VI.A
~ as designated or elected Office, VI.B
Language of the proceedings, VI.B.3
Equity of a different apportionment of costs, IV.C.7.2
Abuse of procedure, IV.C.7.2.3
Late submission of requests, IV.C.7.2.1
Oral proceedings, IV.C.7.2.2
Equivalents, I.C.3.5
Amendments, II.E.1.1.3
Inventive step, I.D.9.9
Erroneous interpretation of EPC - re-establishment of rights, III.E.4.5.2.c
Errors 
Error margins and definitions of limits - priority, II.D.2.1.8
Error of judgment - reimbursement of appeal fees, IV.E.8.3.5
~ in the disclosure - amendments, II.E.1.6.2
~ in the Patent Bulletin, IV.B.3.11
~ in the printed version of the European patent specification, III.L.2
Essential features - claims, II.A.3.2
Essential features in the priority document, II.D.2.1.5
Essentially biological processes 
~ and patentability, I.B.3.3
For the production of animals, I.B.3.3.1
For the production of plants, I.B.3.3.2
Product claims for plants, I.B.3.3.3
European 
~ patent application and language privilege, III.F.5.1
~ prior rights - novelty, I.C.1.2
~ qualifying examination, V.2
Appeals against decisions of the Examination Board and the Examination Secretariat, V.2.6
Complaints about the conduct of the examination, V.2.6.5
Examination conditions, V.2.2
Formalities and conditions, V.2.1
Marking the answer papers, V.2.3
Passing the examination, V.2.4
Evaluation of evidence, III.G.4
Archival evidence, III.G.4.2.2.c
Balance of probabilities and standard of proof, III.G.4.3
Documentary evidence, III.G.4.2.2.d
Test and experimental evidence, III.G.4.2.2.b
Unfettered consideration of evidence, III.G.4.1
Everyday items from a different technical field, I.D.8.4
Evidence, III.G
Abusive conduct, III.G.4.3.5
Admissibility of ~, III.G.2
Archival ~, III.G.4.2.2.c
Balance of probabilities and standard of proof, III.G.4.3
Burden of proof, III.G.5
Documentary ~, III.G.4.2.2.d
Evaluation of ~, III.G.4
~ for transfer of party status, IV.C.2.2.6
Expert opinions, III.G.2.2
Fresh facts and ~ - opposition procedure, IV.D.5.3.5
Grounds or ~ under Article 113(1) EPC - right to be heard, III.B.1.2
Late filed facts and ~ in opposition proceedings, IV.C.1.3
Late filed facts, arguments and ~ in appeal proceedings, IV.C.1.4
Late submission of new facts and ~ during oral proceedings, III.C.4.4
Offer to submit ~ and right to be heard, III.B.1.3.2
Principle of unfettered consideration of ~, III.G.4.1
Prior use, III.G.4.3.2
Return of filed ~, III.G.3.4
Right to be heard, III.G.3.3
Statutory declarations, III.G.2.3
Sufficiency of disclosure, II.C.8
Sworn statements, III.G.2.3
Taking of ~, III.G.3
Test and experimental ~, III.G.4.2.2.b
Time frame for submitting ~, III.G.3.2
Unfettered consideration of ~, III.G.4.1
Witness testimonies as proof of ~, III.G.2.2
Ex parte proceedings, IV.E.3.3
Ex post facto analysis - inventive step, I.D.6
Examination 
~ after remittal for further prosecution, IV.B.3.5
~ as to relevance in late submission, IV.C.1.2
~ conditions - European qualifying examination, V.2.2
~ procedure, IV.B
Abandonment of subject matter, IV.B.3.7
Additional searches during examination, IV.B.4
Amendments relating to unsearched subject-matter, IV.B.5
Amendments under Rule 137(2) EPC, IV.B.1.1
Consolidation of proceedings, IV.B.2.2
Further communication, IV.B.2.7
Grant stage, IV.B.3
Informal communications, IV.B.2.8
Interviews, IV.B.2.8.2
Refusal after a single communication, IV.B.2.4
Refusal of a European patent application, IV.B.3.9
Request for examination, IV.B.1.2
Requests, III.I.4
Right to oral proceedings after a communication, III.C.1.1.2.a
Substantive examination, IV.B.2
Telephone conversations, IV.B.2.8.1
Withdrawal of amendments, IV.B.3.7
~ proceedings - unity of invention, II.B.3.3
Refund of further search fees, II.B.3.3.2
Examining division - composition, III.K.2.1
Examining division should have rectified decision, IV.E.8.4.3
Examples and novelty, I.C.3.7
Exceptions to patentability, I.B
Breaches of ordre public or morality, I.B.2
Medical methods, I.B.4
Microbiological processes, I.B.3.4
Morality, I.B.2
Ordre public, I.B.2
Patentability of biological inventions, I.B.3
Excluding the public from oral proceedings, III.C.4.12
Exclusion - suspected partiality, III.J.2
Exclusion of computer programs, I.A.2.4.4.b
Exercise of discretion 
~ decisions of EPO departments, III.K.5
~ of the boards of appeal and late submission, IV.C.1.4.1.a
~ to remit, IV.E.7.6
Procedural economy, IV.E.7.6.3
TRIPs, IV.E.7.6.6
Exhibition priority, II.D.1.4
Expectation of success - inventive step, I.D.7
Experiments - reproducibility, II.C.5.6.7
Expert opinions, III.G.2.2
Expiry of the patent, IV.C.6
Continuation of the opposition proceedings after surrender or lapse of the patent, IV.C.6.2
Opposition after surrender or lapse of the patent, IV.C.6.5
Surrender of the patent, IV.C.6.1
Extension 
~ of periods under Rule 132 EPC, III.D.1.2
~ of protection - amendments, II.E.2.1
~ of time limits - holidays, III.D.1.3
~ of time limits - interruption in delivery of mail, III.D.1.3
~ Ordinances on the extension of European patents, VII.3
International treaties not within the scope of the EPC, VII.3.1
Legal status, VII.3.2
Extent of opposition, IV.D.5.2.1