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Case Law of the Boards of Appeal

 
 
P
Parallel proceedings, IV.E.5
Parameters, I.C.4.2.3
Optimisation of ~ - inventive step, I.D.9.15
Sufficiency of disclosure, II.C.4.5
Partial 
~ admissibility of appeal, IV.E.2.6.9
~ and multiple priorities, II.D.4
Different priorities for different parts of a European patent application, II.D.4.2
Multiple priorities for one claim, II.D.4.3
Publications during the priority interval, II.D.4.1
~ problems - inventive step, I.D.4.3.3, I.D.9.2.2
~ refund of the examination fee, III.Q.6
Partiality - reimbursement of appeal fees, IV.E.8.3.6.g
Parties to appeal proceedings - procedural status, IV.E.2.4.3.a
Parts of the application relevant for assessing sufficiency of disclosure, II.C.2
Party 
~ adversely affected, IV.E.2.4.2
~ entitled to file petition for review, IV.E.9.2.3
~'s own responsibility - legitimate expectations, III.A.1.2.4, III.A.3.3.1
Passing the examination - European qualifying examination, V.2.4
Patent proprietor and transfer of party status, IV.C.2.1
Patentability 
~ of biological inventions, I.B.3
Essentially biological processes, I.B.3.3
Microbiological processes, I.B.3.4
Patentability of animals and animal species, I.B.3.2
~ of computer programs, I.A.2.4.2
~ of plants and plant varieties, I.B.3.1
Definition of the term "plant varieties", I.B.3.1.1
~ requirements, I.A.1.2, I.A.1.3
Technical inventions, I.A.1.2, I.A.1.3
Patentable inventions, I.A
Non-inventions, I.A.2
Presentation of information, I.A.2.6
Technical inventions, I.A.1
Patentee as sole appellant and reformatio in peius, IV.E.3.1.e
Patents and availability to the public, I.C.1.9.2
Payment 
~ of appeal fee, IV.E.2.5.4
~ of fees, III.Q.2
Debit orders - fees, III.Q.2.2
Methods of ~, III.Q.2.1
~s - small amounts lacking, III.Q.4
PCT 
~ - EPO acting as PCT Authority, VI
Competence of the boards of appeal in the former protest proceedings, VI.A
EPO as designated or elected Office, VI.B
~ applications as state of the art - novelty, I.C.1.3
Pendency 
~ of earlier application, II.F.2.4
Divisional applications - changes to Implementing Regulations, II.F.2.4.1
Pendency after deemed withdrawal of earlier application, II.F.2.4.6
Pendency after grant of earlier application, II.F.2.4.4
Pendency after refusal of earlier application, II.F.2.4.5
Personal interest - suspected partiality, III.J.8.5.1
Persons entitled to file application, IV.A.4
Persons without residence within a contracting state - representatives, III.R.1.2
Petition for review 
~ Enlarged Board of Appeal, IV.E.9.2
Fundamental procedural defect, IV.E.9.2.10
Fundamental violation of Article 113 EPC, IV.E.9.2.9
Objections in accordance with Rule 106 EPC, IV.E.9.2.5
Party entitled to file petition for review, IV.E.9.2.3
Scope of review by the Enlarged Board of Appeal, IV.E.9.2.4
~ replacement of members of the board of appeal, IV.E.9.3.1
Plurality of inventions and further search fees, II.B.6
Further search fees - non-payment, II.B.6.1
Unsearched subject-matter - unity of invention, II.B.6.2
Postdating of the previous application, II.D.1.5
Postponement of oral proceedings, III.C.4.1
Absence of duly represented party, III.C.4.1.3.h
Booked holidays, III.C.4.1.3.b
Business engagements, III.C.4.1.3.d
Conference, III.C.4.1.3.c
Continuation of oral proceedings on the next day, III.C.4.1.8
Illness, III.C.4.1.3.a
National holiday, III.C.4.1.3.e
Proceedings before a national court, III.C.4.1.6
Representative, III.C.4.1.3.f
Substitution of representative, III.C.4.1.4
Unavailability of party at oral proceedings, III.C.4.1.3
Post-published documents - inventive step, I.D.4.6
Post-published documents - reproducibility, II.C.5.8
Power to amend - Rules of Procedure of the Boards of Appeal, VII.2
Practitioner, I.B.4.2.2
Legal ~s, III.R.2
~ and diagnostic methods, I.B.4.5.1.b
Register of legal ~s, III.R.2.2
Preliminary and formalities examination, IV.A
Date of filing, IV.A.5
Deemed withdrawal of application, IV.A.9
Designation of states, IV.A.7
Filing of application, IV.A.3
Formal requirements of patent application, IV.A.6
Persons entitled to file application, IV.A.4
Priority, IV.A.8
Publication of application, IV.A.10
Preliminary and formalities examination - priority, IV.A.8
Correction of priority documents, IV.A.8.2
Preparation and conduct of oral proceedings, III.C.4
Communication under Article 15(1) RPBA, III.C.4.3
Computer-generated presentations, III.C.4.7
Excluding the public from oral proceedings, III.C.4.12
Interpreting, III.C.4.10
Late submission of new facts and evidence, III.C.4.4
Location, III.C.4.5
Minutes, III.C.4.8
Notice of two months in the summons to oral proceedings, III.C.4.2
Oral proceedings conducted by video conference, III.C.4.6
Postponement, III.C.4.1
Presence of assistants during deliberations of the board, III.C.4.13
Speaking time, III.C.4.9
Presence of assistants during deliberations of the board, III.C.4.13
Presentation of information - patentable inventions, I.A.2.6
Principle of 
~ equal treatment in opposition procedure, IV.D.5.4.1
~ procedural economy, IV.C.1.4.1.c
~ proportionality, III.E.7
~ protection of legitimate expectations, III.A
~ unfettered consideration of evidence, III.G.4.1
Prior 
~ art acknowledged in a patent application, I.C.1.5
~ art documents - availability, III.G.4.3.3
~ use - evidence, III.G.4.3.2
~ use - novelty, I.C.1.9.9
Internal structure of a product, I.C.1.9.9.b
Obligation of the EPO to examine of its own motion, I.C.1.9.9.c
~ use alleged in opposition procedure, IV.D.3.3.3
Priority, II.D
Amendments, II.D.2.1.2
Applications filed in or for a state which is party to the Paris Convention, II.D.1.1
Applications giving rise to a right of ~, II.D.1
Common general knowledge, II.D.2.1.4
Correction of ~ declarations, IV.A.8.2.2
Disclaimer, II.D.2.1.2
Enabling disclosure in the ~ document, II.D.2.3
Error margins and definitions of limits, II.D.2.1.8
Essential features in the ~ document, II.D.2.1.5
Exhibition ~, II.D.1.4
Features missing with respect to the earlier application, II.D.2.2.2
First application, II.D.3
Generic disclosure, II.D.2.1.9
Identity of invention, II.D.2
Implicit features, II.D.2.2.1
In-house knowledge not published before the ~ date, I.C.1.4
Multiple priorities, II.D.1.6
Multiple priorities for one claim, II.D.4.3
National deposit of industrial design, II.D.1.3
Nucleotide and amino acid sequences, II.D.2.1.10
Partial and multiple priorities, II.D.4
Preliminary and formalities examination, IV.A.8
~ documents, IV.A.8.1
~ right of the applicant or his successor in title, II.D.1.2
Publications during the ~ interval, II.D.4.1
Same invention, II.D.2.1.1
Solution of the same problem, II.D.2.1.6
Teaching in the ~ document, II.D.2.1.7
Problem and solution approach, I.D.9.1.2
Inventive step, I.D.2
~ in chemical inventions, I.D.9.8.1
Problem inventions - inventive step, I.D.9.10
Procedural 
~ economy, IV.E.7.6.3
Principle of ~, IV.C.1.4.1.c
~ and late submission, IV.C.1.4.1.c
~ status - parties to appeal proceedings, IV.E.2.4.3.a
~ treatment of requests for re-establishment, III.E.5
Proceedings before a national court - postponement of oral proceedings, III.C.4.1.6
Product 
~ claim and novelty of use, I.C.6.1.2
~ claim with process features, I.C.4.2.7
~ claim with purpose characteristics, I.C.6.3.3
~ claims for plants, I.B.3.3.3
~ in writing and availability to the public, I.C.1.9.8.d
Product-by-process claims, II.A.7
Products for presentation purposes and availability to the public, I.C.1.9.8.c
Professional obligations - Code of Professional Conduct, V.4.1
Professional secrecy - Code of Professional Conduct, V.4.2
Profitable use of the invention in industry, I.E.1.2
Proof, I.C.2
Absolute conviction, I.C.2.4
Balance of probabilities, I.C.2.3
Balance of probabilities and standard of ~, III.G.4.3
Burden of ~, I.C.2.1
Expert opinions as ~ of evidence, III.G.2.2
Internet, I.C.2.5
Shifting of the burden of ~, III.G.5.2
Standard of ~, I.C.2.2
Statutory declarations, III.G.2.3
Sworn statements, III.G.2.3
Witness testimonies, III.G.2.2
Prospectuses and availability to the public, I.C.1.9.8.a
Public and availability to the public, I.C.1.9.6
Publications 
Publication of application, IV.A.10
~ and availability to the public, I.C.1.9.1
~ during the priority interval, II.D.4.1
Purposive selection - inventive step, I.D.9.18.3