Legal Updates

Video Conference Hearings At The EPO – Long-Term Uncertainty Remains

  The EPO’s Enlarged Board of Appeal has now issued its order regarding the legality of video conference hearings, although it is yet to publish the detailed reasons for the decision. The order maintains the status quo that the EPO has adopted during the Covid-19 pandemic, but does not dispel...

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UPC – Block to Progress Lifted

  The German Federal Constitutional Court issued a press release on 9 July 2021 regarding the challenge to Germany’s ratification of the Unified Patent Court (UPC) Agreement. After the second round of constitutional challenges, which we reported on here, the press release made clear the Court took a negative view...

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Video Conference Hearings at the EPO – An Update

  We previously updated about the changing situation regarding video conference hearings at the European Patent Office. See our previous update here. The situation continues to evolve. The EPO recently announced that the “pilot project”, whereby the default for all first-instance opposition hearings is that they are held by video...

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Enlarged Board of Appeal Confirms Prohibition on Double Patenting

  The Enlarged Board of Appeal has recently issued its decision in G4/19 on the issue of double patenting under the European Patent Convention. The Enlarged Board concluded that double patenting is prohibited under the EPC, which means it is not possible for the same applicant to obtain two patents...

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Inadvertently Design-ed Priority Loophole

  For a European design, the European General Court has ruled in T-579/19 it is possible to claim priority from an earlier filed patent, or at least from an international patent application filed under the PCT, up to 12 months from the patent’s date of filing. German company The KaiKai...

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