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G 5/83 Decision of 05.12.1984 OJ EPO 1985, 64 |
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"Second medical indication/EISAI" - Interpretation of the EPC/Vienna Convention - therapeutical use claims |
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G 1/86 Decision of 24.06.1987 OJ EPO 1987, 447 |
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"Re-establishment of rights of opponent/ VOEST ALPINE" - Re-establishment of rights of appellant as opponent - Time limit for filing grounds of appeal |
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G 1/88 Decision of 27.01.1989 OJ EPO 1989, 189 |
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"Opponent's silence/HOECHST" - Admissibility of appeal by opponent - Silence in response to an invitation under Rule 58(4) - Application of Rule 58(4) |
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G 2/88 Decision of 11.12.1989 OJ EPO 1990, 93 Corr. OJ EPO 1990, 469 |
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"Friction reducing additive/MOBIL OIL III" - Amendment in opposition proceedings - change of category (here: from "compound" and "composition" to "use of compound for a particular purpose") - Novelty of such a use claim over disclosure of same compound for different purpose - Second non-medical indication |
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G 4/88 Decision of 24.04.1989 OJ EPO 1989, 480 |
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"Transfer of opposition/MAN" - Transfer of rights - status of party in opposition proceedings - dissolution of opposing company - legal person |
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"Administrative Agreement/MEDTRONIC" - Treatment of documents intended for the EPO and received by the German Patent Office in Berlin - Functions and powers of the President - Principle of good faith - Protection of the legitimate expectations of users of the EPO |
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G 6/88 Decision of 11.12.1989 OJ EPO 1990, 114 |
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"Plant growth regulating agent/BAYER" - Second non-medical indication - Novelty of second non-medical use with same technical means of execution |
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G 1/89 Decision of 02.05.1990 OJ EPO 1991, 155 |
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"Polysuccinate esters" - Competence of the Enlarged Board of Appeal in protest cases under the PCT - Non-unity a posteriori |
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G 2/89 Opinion of 02.05.1990 OJ EPO 1991, 166 |
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"Non-unity a posteriori" - Competence of the Enlarged Board of Appeal in protest cases under the PCT - Non-unity a posteriori |
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G 3/89 Opinion of 19.11.1992 OJ EPO 1993, 117 |
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"Correction under Rule 88, second sentence, EPC" - Correction of the parts of a European patent application or of a European patent relating to the disclosure |
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G 1/90 Opinion of 05.03.1991 OJ EPO 1991, 275 |
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"Revocation of the patent" - Revocation of the patent by a decision - Revocation, failure to meet formal requirements when the patent is maintained as amended - Termination of opposition proceedings - Loss of rights - legal fictions |
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G 2/90 Decision of 04.08.1991 OJ EPO 1992, 10 |
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"Responsibility of the Legal Board of Appeal/KOLBENSCHMIDT" - Responsibility of the Legal Board of Appeal - Appeals against decisions of the formalities officer |
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G 1/91 Decision of 09.12.1991 OJ EPO 1992, 253 |
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"Unity/SIEMENS" - Unity in opposition - legally irrelevant |
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G 2/91 Decision of 29.11.1991 OJ EPO 1992, 206 |
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"Appeal fees/KROHNE" - Reimbursement of appeal fees where several parties have filed an appeal |
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G 3/91 Decision of 07.09.1992 OJ EPO 1993, 8 |
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"Re-establishment of rights/FABRITIUS II" - Applicability of Article 122(5) EPC to the time limits under Rule 104b(1)(b) and (c) EPC (107(1)(c) and (e) EPC) together with Articles 157(2)(b) and 158(2) EPC |
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G 4/91 Decision of 03.11.1992 OJ EPO 1993, 707 |
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"Intervention/DOLEZYCH II" - Intervention (in opposition proceedings by an assumed infringer) |
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G 5/91 Decision of 05.05.1992 OJ EPO 1992, 617 |
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"Appealable decision/DISCOVISION" - Suspected partiality of a member of an Opposition Division - ground of appeal? |
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G 6/91 Decision of 06.03.1992 OJ EPO 1992, 491 |
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"Fee reduction/ASULAB" - Entitlement to fee reduction |
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G 7/91 Decision of 05.11.1992 OJ EPO 1993, 356 |
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"Withdrawal of appeal/BASF" - Effect of withdrawal of the appeal (by the sole appellant, who was the opponent in the first instance) |
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G 8/91 Decision of 05.11.1992 OJ EPO 1993, 346 Corr. OJ EPO 1993, 478 |
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"Withdrawal of appeal/BELL" - Effect of withdrawal of the appeal (by the sole appellant) |
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G 9/91 Decision of 31.03.1993 OJ EPO 1993, 408 |
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"Power to examine/ROHM AND HAAS" - Extent of power to examine opposition |
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G 10/91 Decision of 31.03.1993 OJ EPO 1993, 420 |
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"Examination of oppositions/appeals" - Extent of obligation and power to examine grounds for opposition |
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G 11/91 Decision of 19.11.1992 OJ EPO 1993, 125 |
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"Glu-Gln/CELTRIX" - Correction of errors |
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G 12/91 Decision of 17.12.1993 OJ EPO 1994, 285 |
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"Final decision/NOVATOME II" - Conclusion of written proceedings - Handing over of decision by formalities section to EPO postal service |
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G 1/92 Opinion of 18.12.1992 OJ EPO 1993, 277 |
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"Availability to the public" - Novelty - state of the art - availability - composition of product - public prior use |
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G 2/92 Opinion of 06.07.1993 OJ EPO 1993, 591 |
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"Non-payment of further search fees" - Lack of unity of invention - consequences of non-payment of further search fees |
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G 3/92 Decision of 13.06.1994 OJ EPO 1994, 607 |
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"Unlawful applicant/LATCHWAYS" - Dissenting opinion - Final decision by a national court - Party other than applicant entitled to patent - Third parties' interests - Withdrawal of original application by unlawful applicant - Filing of new application by lawful applicant |
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Art. 60, 61, 167 EPC R. 13, 14, 15, 16 EPC; Art. 1, 9 Protocol on Recognition; Art. 12a RPEBA |
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G 4/92 Opinion of 29.10.1993 OJ EPO 1994, 149 |
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"Basis of decisions" - Right to comment - Party absent from oral proceedings |
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G 5/92 Decision of 27.09.1993 OJ EPO 1994, 22 |
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"Re-establishment/HOUPT" - Applicability of Article 122(5) EPC |
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G 6/92 Decision of 27.09.1993 OJ EPO 1994, 25 |
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"Re-establishment/DURIRON" - Applicability of Article 122(5) EPC |
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"Non-appealing party/BMW" - Reformatio in peius - Patent maintained in amended form in accordance with auxiliary request - Opposing parties each adversely affected - Appeal by one party - Requests by a non-appealing party which go beyond the appellant's requests in the notice of appeal - Minority opinion |
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G 10/92 Opinion of 28.04.1994 OJ EPO 1994, 633 |
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"Divisional application" - Filing of divisional application: time limit |
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G 1/93 Decision of 02.02.1994 OJ EPO 1994, 541 |
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"Limiting feature/ADVANCED SEMICONDUCTOR PRODUCTS" - Conflicting requirements of Article 123, paragraphs 2 and 3, EPC |
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G 2/93 Decision of 21.12.1994 OJ EPO 1995, 275 |
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"Hepatitis A Virus/UNITED STATES OF AMERICA II" - Sufficiency of disclosure - Culture deposit information |
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G 3/93 Opinion of 16.08.1994 OJ EPO 1995, 18 |
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"Priority interval" - Priority - document published during the priority interval - State of the art - document published during the priority interval - Invalid priority - different invention - Obiter dictum - admissibility of the referral |
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G 5/93 Decision of 18.01.1994 OJ EPO 1994, 447 |
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"Re-establishment/NELLCOR" - Applicability of Article 122(5) EPC |
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G 7/93 Decision of 13.05.1994 OJ EPO 1994, 775 |
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"Late amendments/WHITBY II" - Amendments after a Rule 51(6) communication - discretion of Examining Divisions - Reservations under Article 167(2) EPC |
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G 8/93 Decision of 13.06.1994 OJ EPO 1994, 887 |
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"Withdrawal of opposition/SERWANE II" - Withdrawal of opposition without withdrawal of appeal - Termination of appeal proceedings |
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G 9/93 Decision of 06.07.1994 OJ EPO 1994, 891 |
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"Opposition by patent proprietor/PEUGEOT AND CITROEN" - Opposition filed by proprietor against own patent - receivability |
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G 10/93 Decision of 30.11.1994 OJ EPO 1995, 172 |
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"Scope of examination in ex parte appeal/SIEMENS" - Inclusion of new grounds in ex parte proceedings - Reformatio in peius |
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G 1/94 Decision of 11.05.1994 OJ EPO 1994, 787 |
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"Intervention/ALLIED COLLOIDS" - Admissibility of intervention during appeal proceedings |
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G 2/94 Decision of 19.02.1996 OJ EPO 1996, 401 |
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"Representation/HAUTAU II" - Oral submissions by an accompanying person in ex parte proceedings - Oral submissions by a former member of the board of appeal in either ex parte or inter partes proceedings |
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G 1/95 Decision of 19.07.1996 OJ EPO 1996, 615 |
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"Fresh grounds for opposition/DE LA RUE" - No power to examine fresh grounds for opposition without agreement of patentee |
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G 2/95 Decision of 14.05.1996 OJ EPO 1996, 555 |
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"Replacement of application documents/ATOTECH" - Substitution of complete documents forming an application by other documents by way of a correction under Rule 88 EPC (no) |
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G 3/95 Opinion of 27.11.1995 OJ EPO 1996, 169 |
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"Inadmissible referral" - Patentability of plant and animal varieties - No conflicting decision - Inadmissible referral by the President of the EPO |
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G 4/95 Decision of 19.02.1996 OJ EPO 1996, 412 |
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"Representation/BOGASKY" - Oral submission by an accompanying person in opposition or opposition appeal proceedings |
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G 6/95 Decision of 24.07.1996 OJ EPO 1996, 649 |
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"Interpretation of Rule 71a(1) EPC/GE CHEMICALS" - Interpretation of Rule 71a(1) EPC vis-à-vis the boards of appeal |
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G 7/95 Decision of 19.07.1996 OJ EPO 1996, 626 |
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"Fresh grounds for opposition/ETHICON" - No power to examine fresh grounds for opposition without agreement of patentee |
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G 8/95 Decision of 16.04.1996 OJ EPO 1996, 481 |
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"Correction of decision to grant/US GYPSUM II" - Relative competence of the Technical and Legal Boards of Appeal - Refusal of a correction of the decision to grant |
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G 1/97 Decision of 10.12.1999 OJ EPO 2000, 322 |
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"Request with a view to revision/ETA" - Administrative or jurisdictional measures to be taken in response to requests based on the alleged violation of a fundamental procedural principle and aimed at the revision of a final decision taken by a board of appeal having the force of res judicata - Entry in the Register of European Patents |
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Art. 21, 23(1) (3), 24, 106(1), 110(1), 111(1), 113, 114, 116, 121, 122, 125, 127 EPC R. 10(2), 11, 65(1), 66(2), 67, 89, 90, 92(1) (2) EPC Art. 10 RPBA Art. 11a, 11b RPEBA Art. 23 RDR Art. 31, 32, 62 (5) TRIPs Art. 31(3) Vienna Convention on the Law of Treaties (see however Art. 112a EPC 2000) |
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G 2/97 Decision of 12.11.1998 OJ EPO 1999, 123 |
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"Good faith/UNILEVER" - Fee for appeal - Principle of good faith - Principle of the protection of legitimate expectations |
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G 3/97 Decision of 21.01.1999 OJ EPO 1999, 245 |
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"Opposition on behalf of a third party/INDUPACK" - Admissibility of opposition - acting on behalf of a third party - Circumvention of the law by abuse of process |
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G 4/97 Decision of 21.01.1999 OJ EPO 1999, 270 |
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"Opposition on behalf of a third party/GENENTECH" - Admissibility of opposition - acting on behalf of a third party - Circumvention of the law by abuse of process |
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G 1/98 Decision of 20.12.1999 OJ EPO 2000, 111 |
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"Transgenetic plant/NOVARTIS II" - Claims comprising but not identifying plant varieties - Plant varieties as products of recombinant gene technology - Article 64(2) EPC not relevant for examination of product claims |
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Art. 52, 53(b), 54, 64(2) EPC R. 23b EPC Art. 2(b) Strasbourg Patent Convention Art. 2 UPOV Convention 1961 Art. 1(vi) UPOV Convention 1991 |
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G 2/98 Opinion of 31.05.2001 OJ EPO 2001, 413 |
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"Requirement for claiming priority of the 'same invention'" - Interpretation of the concept of "the same invention" referred to in Article 87(1) EPC - Consistency of the interpretation with the Paris Convention and the EPC - Conformity of the interpretation with principles of equal treatment and legal certainty and with the requirement of consistency as regards assessment of novelty and inventive step |
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Art. 54(2)(3), 56, 60(2), 83, 84, 87(1)EPCArt 87(4), 88(2) (3) (4), 89, 93, 112(1)(b), 123(2)(3) EPC Art. 4A(1), 4C(4), 4F, 4H, 19 Paris Convention Art. 11b RPEBA |
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G 3/98 Decision of 12.07.2000 OJ EPO 2001, 62 |
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"Six-month period/UNIVERSITY PATENTS" - Admissibility of referral - significance of the point of law in the appeal proceedings (yes) - Calculation of the six-month period under Article 55 EPC - relevant date - date of actual filing of the application |
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G 4/98 Opinion of 27.11.2000 OJ EPO 2001, 131 |
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"Designation fees" - Failure to pay designation fees - No retroactive effect of deemed withdrawal except for Article 67 EPC - Deemed withdrawal takes effect upon expiry of the time limit for payment of designation fees |
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Art. 66, 67, 76, 79, 80, 90, 91, 112 EPC R. 15, 25, 85a, 107, 108 EPC Art. 4 Paris Convention |
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G 1/99 Decision of 02.04.2001 OJ EPO 2001, 381 |
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"Reformatio in peius/3M" - Reformatio in peius - exception to the prohibition - Status of appellant/opponent - Status of appellant/patent proprietor |
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Art. 100, 101(1), 102(1)(2)(3), 106(1), 107, 108, 112(1)(a), 114(1), 123(2), 123(3), 125 EPC R. 57a , 58(2), 64(b), 66(1), 87 EPC |
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G 2/99 Decision of 12.07.2000 OJ EPO 2001, 83 |
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"Six-month period/DEWERT" - Admissibility of referral - significance of the point of law in the appeal proceedings (yes) - Calculation of the six-month period under Article 55 EPC - relevant date - date of actual filing of the application |
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G 3/99 Decision of 18.02.2002 OJ EPO 2002, 347 |
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"Admissibility of joint opposition or joint appeal/HOWARD FLOREY" - Admissibility - Fee for opposition - persons acting in common in filing notice of opposition - common opposition - joint opposition - Admissibility - Fee for appeal - persons acting in common in filing notice of appeal - common appeal - joint appeal - Common representative |
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Art. 58, 99, 99(1), 104, 107, 110(1), 112(1)(a), 133, 133(4), 134 EPC R. 1, 26(2)(c), 36(3), 55, 55(a), 56(2), 60(2), 66(1), 100, 100(1) EPC |
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G 1/02 Opinion of 22.01.2003 OJ EPO 2003, 165 |
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"Formalities officers´ powers" - Opposition divisions - formalities officers - decisions - powers |
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Art. 10(2)(a), 10(2)(i), 15, 18(2), 19, 19(1), 19(2), 21, 21(3)(a), 21(3)(b), 21(3)(c), 21(4), 33(3), 90, 91, 91(3), 99(1), 102(5), 106, 112(1)(b), 164(2) EPC R. 9, 9(3), 51(4), 55(c), 56(1), 56(2), 56(3), 57(1), 69(1), 69(2) EPC Notice of the Vice-President Directorate-General 2 dated 28.4.1999, points 4 and 6 |
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"Priorities from India/ASTRAZENECA" - International applications - priorities from India - Applicability of Article 87(5) EPC - The position under the PCT - The EPO not party to TRIPS - Interpretation of Article 87 EPC - according to principles of public international law - in the light of obligations of contracting states under TRIPS |
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Art. 1 - 12, 4A(2), 19 Paris Convention |
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Art. 5, 26, 34, 38 Vienna Convention 1969 |
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Art. 34, 35, 38 Vienna Convention 1986 |
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Art. 1, 2 (1) TRIPS-Agreement |
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Art. 38 Statute, International Court of Justice |
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G 1/03 Decision of 08.04.2004 OJ EPO 2004, 413 |
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"Disclaimer/PPG" - Allowability of disclaimers - delimitation against state of the art under Article 54(2) and (3) (4) - accidental anticipation - exclusion of subject-matter not eligible for patent protection Drafting of disclaimers - requirements of clarity and conciseness |
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Art. 52, 53, 54(2), (3) and (4), 56, 57, 60(2), 84, 87(1), 112(1), 123(2) and (3), 139(2) EPC |
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G 2/03 Decision of 08.04.2004 OJ EPO 2004, 448 |
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"Disclaimer/GENETIC SYSTEMS" - Allowability of disclaimers - delimitation against state of the art under Article 54(2) and (3) (4) - accidental anticipation - exclusion of subject-matter not eligible for patent protection Drafting of disclaimers - requirements of clarity and conciseness |
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Art. 52, 53, 54(2), (3) and (4), 56, 57, 60(2), 84, 87(1), 112(1), 123(2) and (3), 139(2) EPC |
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G 3/03 Decision of 28.01.2005 OJ EPO 2005, 344 |
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"Reimbursement of the appeal fee//HIGHLAND" - Interlocutory revision and request for reimbursement of the appeal fee - department of the first instance not competent to refuse the request for reasons of equity - competence of the board of appeal which would have been competent to decide on the substantive issues of the appeal in the absence of interlocutory revision |
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G 1/04 Decision of 16.12.2005 OJ EPO 2006, 334 |
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"Diagnostic methods" - Diagnostic methods under Article 52(4) EPC representing inventions excluded from patentability by means of a legal fiction - Proper construction of the terms "diagnostic methods" and "practised on the human or animal body" referred to in Article 52(4) EPC - requirements of clarity and legal certainty - difficulty of defining medical and veterinary practitioners on a European level within the framework of the EPC - essential features of a diagnostic method excluded from patent protection under Article 52(4) EPC - qualification of an activity as having a diagnostic character - requirements for a diagnostic method to be regarded as being practised on the human or animal body |
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G 2/04 Decision of 25.05.2005 OJ EPO 2005, 549 |
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"Transfer of opposition/ HOFFMANN-LA ROCHE" - Admissibility of the referral (yes) - Transfer of opponent status - free transfer (no) - transfer to subsidiary in whose interest the opposition was filed (no) - Correction of the appellant contrary to true intentions (no) - Auxiliary request concerning the person of the appellant in case of legal uncertainty |
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Art. 58, 99(1), 105, 107, 108, 112(1)(a), 114(2), 134 EPC R. 20, 60(2), 61, 64(a), 65(2), 88, 101(1), (4) EPC |
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G 3/04 Decision of 22.08.2005 OJ EPO 2006, 118 |
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"Intervention/EOS" - Intervention in appeal proceedings - Continuation of proceedings after withdrawal of sole appeal - Payment of appeal fee |
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G 1/05 Decision of 07.12.2006 OJ EPO 2007, 362 |
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"Exclusion and objection/XXX" - Notice of withdrawal under Article 24(2) EPC - requirements for replacement of a member of the Enlarged Board of Appeal - Suspicion of partiality against a member of the Enlarged Board of Appeal - merely based on participation of that member in a prior decision of a Board of Appeal having taken a position on the matter - suspicion not justified on an objective basis |
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Art. 24(1), (2), (3), (4), 76(1), 105(1), 112(1)(a) 123(2) EPC R. 66(2)g) EPC RPEBA Article 1(2) RPBA Article 13, third sentence, 15 Business distribution scheme EBA 2006 Article 2(3) ECHR Article 6(1) Rules of Court ECHR Rule 28(2)(a)(d), (3) Federal Constitution (AT) Article 87(3) Federal Constitution (CH) Article 30(1) Federal Constitution (DE) Article 101(I) 2 Jurisdiktionsnorm (AT) §20 Patentgesetz (AT) §76 Zivilprozessordnung (BE) §41 Codice di procedura civile (IT) Article 51 |
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