The list of “Selected decisions” alerts users to all newly published decisions for which a headnote or a catchword has been provided by the board. Usually, a board will add a headnote or catchword if it wishes to provide a brief summary of a particular point of law or to draw attention to an important part of the reasons for the decision. The list contains all decisions with a headnote or catchword published in the last three years and can be viewed by year by selecting the year from the menu on the left.
The list below contains all decisions with a headnote or catchword that have been released for publication in the last six months (newest first).
1. The Enlarged Board of Appeal affirms its previous decisions R 8/15 and R 10/18.
2. Catchword 1, second paragraph, of R 10/18 reading: "Article 113(1) EPC is infringed if the board does not address submissions that, in its view, are relevant for the decision in a manner adequate to show that the parties were heard on them, i.e. that the board substantively considered those submissions..." is complemented as follows:
the requirement that "the Board substantively considered those submissions" should be given the meaning that "the Board considered the contents of those submissions", with this consideration comprising matters
- pertaining to admittance of facts, evidence and requests, and/or
- relating to substantive law, i.e. the merits of a case.
(See Reasons, point 2).
3. Article 12(4) RPBA 2007 is in line with Articles 114(1) and 113(1) EPC. (See Reasons, point 3.2.2(a) in fine.)
Compliance of Art. 12(4) RPBA 2007 with Art. 114(1) and 113(1) EPC (yes)
Petition allowable (no) no violation of petitioner's right to be heard
Assignment of a European patent application - signature requirement
Registration of transfers - evidence
Notice from the EPO - legal nature
TIP ASSEMBLIES FOR REAL-TIME SAMPLING SYSTEM
1. The requirement for immediate and complete substantiation of a request for re-establishment corresponds to the principle of "Eventualmaxime/Häufungsgrundsatz/le principe de la concentration des moyens", according to which the request must state all grounds for re-establishment and means of evidence without the possibility of submitting these at a later stage.
2. Dynamic interpretation of the EPC, as derived from Articles 31(1) and 31(3) Vienna Convention on the Law of Treaties, must take account of developments in national and international procedural law, notably as regards the guarantees of fair trial before a tribunal of law (Article 6(1) ECHR).
3. There is no "absolute" right to oral proceedings upon a party's request, but it is subject to inherent restrictions by the EPC and procedural principles generally recognised in the Contracting States of the EPO.
4. If oral proceedings do not serve any legitimate purpose, the requirement of legal certainty in due time prevents the Board from appointing them.
5. It is not the purpose of oral proceedings in the context of proceedings for re-establishment to give the appellant a further chance to substantiate their factual assertions or to provide evidence despite the absence of factual assertions in the request for re-establishment.
Re-establishment of rights - (no)
Re-establishment of rights - time limit for paying renewal fee
Re-establishment of rights - time limit for filing statement of grounds
Re-establishment of rights - cross-check (no)
Re-establishment of rights - request not duly substantiated
Re-establishment of rights - all due care (no)
Re-establishment of rights - due care on the part of the professional representative
Admissibility of appeal - statement of grounds
Admissibility of appeal - filed within time limit (no)
Oral proceedings - before board of appeal
Oral proceedings - right to be heard in oral proceedings
Oral proceedings - request for oral proceedings
1. Mere inconsistencies among the indications in the request for grant of a European patent (EPO Form 1001), and between some of them and the originally filed application documents, are not sufficient to prove an alleged obvious error or the obviousness of a correction offered under Rule 139 EPC.
2. The ban on corrections under Rule 139 EPC by replacement of at least the complete description is categorical.
Correction of originally filed application documents (no)
Referral to the Enlarged Board of Appeal (no)
Reimbursement of the appeal fee (no)