Quick Navigation

 

Case Law of the Boards of Appeal

 
 
S
Same invention - priority, II.D.2.1.1
Same purpose or effect - inventive step, I.D.3.2
Satisfaction of a long-felt need, I.D.10.4
Scientific theories, I.A.2.2, I.A.2.2.1
Discoveries, I.A.2.2.1
Mathematical methods, I.A.2.2.2
Scope of 
~ examination in the case of amendments - opposition procedure, IV.D.4.5
~ examination of the grounds for opposition, IV.D.5.2.2
~ protection - infringement, II.A.6.3.6
~ review by the Enlarged Board of Appeal, IV.E.9.2.4
~ the right to be heard, III.B.1.1
Second (or further) medical use, I.C.6.2
Novelty of therapeutic application, I.C.6.2.3
Second (or further) non-medical use, I.C.6.3
New use of functional feature in a known process, I.C.6.3.1.d
Non-medical use claims, I.C.6.3.2
Product claim with purpose characteristics, I.C.6.3.3
Therapeutic treatment of animals, I.C.6.3.1.b
Secondary indicia - inventive step, I.D.10
Age of documents, I.D.10.3
Bonus effect, I.D.10.8
Commercial success, I.D.10.5
Comparative tests, I.D.10.9
Market competitors, I.D.10.6
Satisfaction of a long-felt need, I.D.10.4
Simple solution, I.D.10.7
Surprising effect, I.D.10.8
Technical prejudice, I.D.10.2
Time factor, I.D.10.3
Selection 
~ inventions, I.C.5
Novelty of chemical compounds, I.C.5.1
~ of most promising starting point - inventive step, I.D.3.4
~ of parameter ranges, I.C.5.2
Overlapping ranges, I.C.5.2.2
Selection from a broad range, I.C.5.2.1
Self-recusation - suspected partiality, III.J.4
Sequence of divisional applications, II.F.1.1.2
Several appellants - reimbursement of appeal fees, IV.E.8.1.7
Shifting of the burden of proof, III.G.5.2
Signatures on decisions, III.K.4.5
Draft decisions, III.K.4.5.3.e
Similarity of the technical problem, I.D.3.3
Simple solution, I.D.10.7
Simplification of complicated technology - inventive step, I.D.9.18.6
Single general inventive concept - unity of invention, II.B.5
Markush claims, II.B.5.3
Skilled person 
~ - inventive step, I.D.8
Definition of the skilled person, I.D.8.1
Neighbouring field, I.D.8.2
Skilled person and level of knowledge, I.D.8.3
~ in biotechnology, I.D.8.1.3
~ in the case of computer-implemented inventions, I.D.8.1.4
~ knowledge - sufficiency of disclosure, II.C.3
Small amounts lacking - payments, III.Q.4
Solution of the same problem - priority, II.D.2.1.6
Sources of legitimate expectations, III.A.1
Limits of legitimate expectations, III.A.1.2
Speaking time during oral proceedings, III.C.4.9
Standard of proof, I.C.2.2
Balance of probabilities, III.G.4.3
State of the art, I.C.1
Availability to the public, I.C.1.9
Common general knowledge, I.C.1.6
European prior rights, I.C.1.2
In-house knowledge not published before the priority date, I.C.1.4
National prior rights, I.C.1.7
Non-prejudicial disclosures, I.C.1.8
PCT applications as ~, I.C.1.3
Prior art acknowledged in a patent application, I.C.1.5
Statement of grounds not received by respondent - right to be heard, III.B.1.3.13
Statement of grounds of appeal, IV.E.2.6
New case raised by opponent, IV.E.2.6.5
New case raised by patent proprietor, IV.E.2.6.5
Partial admissibility of appeal, IV.E.2.6.9
Statutory declarations as proof of evidence, III.G.2.3
Statutory periods of grace and fee payments, III.D.1.4
Stay of proceedings, III.M, III.M.3
Inspection of files, III.M.1
Register of Patents, III.M.2
Straw man - opposition procedure, IV.D.2.1.3
Structural similarity in chemical inventions, I.D.9.8.2
Sub-authorisations - representatives, III.R.4.3
Sub-claims - dependent claims, IV.D.4.4.1
Subject-matter 
~ divisional applications, II.F.1
Amendments, II.F.1.2
Res judicata, II.F.1.4.3
Subject-matter of a patent granted on divisional applications, II.F.1.3
~ extending beyond content of the earlier application, II.F.1.1
Divisional applications and broadening of claim, II.F.1.1.7
Sequence of divisional applications, II.F.1.1.2
~ under examination in appeal procedure, IV.E.3.2
Admissibility of opposition, IV.E.3.2.1.a
Appeal by patentee against revocation, IV.E.3.2.1.c
Substantial procedural violation, IV.E.8.3
Error of judgment, IV.E.8.3.5
Inadequate reasons in decision at first instance, IV.E.8.3.4
Oral proceedings, IV.E.8.3.2
Partiality, IV.E.8.3.6.g
Remittal following a ~, IV.E.7.4
Right to be heard, IV.E.8.3.3
Suspensive effect of appeal, IV.E.8.3.6.h
Substantiation of opposition, IV.D.3
Admissibility of opposition, IV.D.3.4
Grounds for opposition, IV.D.3.3.1
Prior use alleged in opposition procedure, IV.D.3.3.3
Substantiation of request for re-establishment of rights, III.E.3.4
Substantive examination, IV.B.2
Amendments under Rule 137(3) EPC, IV.B.2.5
Communication from the examining division, IV.B.2.6
Communications under Rule 71 EPC, IV.B.2.3
Consolidation of proceedings in examination procedure, IV.B.2.2
Further communication in examination procedure, IV.B.2.7
Informal communications in examination procedure, IV.B.2.8
Refusal after a single communication in examination procedure, IV.B.2.4
~ of appeal, IV.E.3
Arguments under examination, IV.E.3.5
Binding effect of requests, IV.E.3.1
Ex parte proceedings, IV.E.3.3
Facts under examination with regard to Article 114 EPC, IV.E.3.4
Reformatio in peius, IV.E.3.1
Review of first-instance discretionary decisions, IV.E.3.6
Subject-matter under examination, IV.E.3.2
~ of the opposition, IV.D.5
Fresh grounds for opposition, IV.D.5.3
Legal framework of the opposition, IV.D.5.2
Right to be heard, IV.D.5.4
Substitution of materials - inventive step, I.D.9.6
Substitution of representative - postponement of oral proceedings, III.C.4.1.4
Sufficiency of disclosure, II.C
Budapest Treaty, II.C.6.6.2.a
Clarity and completeness, II.C.4
Date of compliance, II.C.1
Evidence, II.C.8
Parameters, II.C.4.5
Parts of the application relevant for assessing, II.C.2
Relationship between Article 83 and Article 84 EPC, II.C.7
Reproducibility, II.C.5
Skilled person knowledge, II.C.3
~ in the biotechnology field, II.C.6
Antibodies, II.C.6.3
Broad claims, II.C.6.1.4
Deposit of living material, II.C.6.6
Medical use, II.C.6.2
Nucleotide and amino acid sequences, II.C.6.5
Repeatability, II.C.6.1.3
Undue burden, II.C.6.4
Surgical methods, I.B.4.2, I.B.4.3
Disclaimer, I.B.4.3.5.b
Practitioner, I.B.4.2.2
Surprising effect, I.D.10.8
Surrender of the patent, IV.C.6, IV.C.6.1
Continuation of the opposition proceedings, IV.C.6.2
Opposition after surrender or lapse of the patent, IV.C.6.5
Suspected partiality, III.J
Competence of the board in its original composition, III.J.7.1
Exclusion, III.J.2
Self-recusation, III.J.4
~ of members of the boards of appeal, III.J.9
~ of members of the Enlarged Board of Appeal, III.J.10
~ in petition for review cases, III.J.10.2
~ of members of the examining division, III.J.8
Department of first instance, III.J.8.3
Personal interest, III.J.8.5.1
~ of members of the opposition division, III.J.8
Department of first instance, III.J.8.3
Personal interest, III.J.8.5.1
Suspension of first-instance proceedings following referral to Enlarged Board of Appeal, IV.E.9.1.4
Suspensive effect of appeal - reimbursement of appeal fee, IV.E.8.3.6.h
Suspensive effect of appeal, IV.E.1.1
Sworn statements as proof of evidence, III.G.2.3