Case law of the boards of appeal of the European Patent Office / edited by Albert Ballester Rodés [and others].

406 pages ; 24 cm

389605015X
9783896050151

G 941 EPO.C 1996

Contents : Foreword; Reader's guide; 1. Patentability : A. Patentable inventions : 1. Technical nature of invention; 2. Medical methods; B. Exceptions to patentability : 1. Introduction; 2. Inventions contrary to ORDRE PUBLIC; 3. Patentability of animals and animal varieties; 4. Patentability of plants and plant varieties; 5. Essentially biological processes; 6. Microbiological processes and the products thereof; C. Novelty : 1. State of the art; 2. Disclosed content of prior publications; 3. Availability to the public; 4. Chemical inventions and selection inventions; 5. Novelty of use; 6. Non-prejudicial disclosures; D. Inventive step : 1. Introduction; 2. Problem and solution approach; 3. Closest prior art; 4. Technical problem; 5. Skilled person; 6. Proof of inventive step; 7. Secondary indicia in determining inventive step; 8. Evidence of obviousness; 2. Conditions to be met by an application : A. Sufficiency of disclosure; B. Claims; C. Unity of invention; 3. Amendments : A. Article 123(2) EPC : 1. Content of the application as originally filed; 2. Divisional applications; 3. TESTS for the allowability of an amendment; B. Article 123(3) EPC : 1. Generalisation of a feature; 2. Moving features from preamble to characterising portion; 3. Change of claim category; C. Relationship between Article 123(2) and 123(3) EPC : 1. Cases of conflict; 2. Decision of the enlarged board of appeal; 3. Resolving the conflict in exceptional cases; D. Rule 88, second sentence, EPC : 1. Relation to Art. 123(2) EPC; 2. Correction at the discretion of the EPO; 3. Obviousness of the error and the correction; E. Standard of proof for allowing amendments and corrections; 4. Priority : A. Applications giving rise to a right of priority : 1. National deposit of industrial design; 2. Postdating of the previous application; B. Identity of invention : 1. Disclosure in the previous application; 2. Enabling disclosure in the priority document; 3. Limiting the extent of protection; C. First application in a Paris Convention country; D. Partial and multiple priorities; 5. Right to a European patent; 6. Proceedings before the EPO : A. Rules common to all proceedings : general principles; B. Preliminary and formalities examination; C. Examination procedure; D. Opposition procedure; E. Appeal procedure; F. Proceedings before the disciplinary board of appeal; 7. The EPO acting as PCT authority : A. Competence of the boards of appeal in proceedings under the PCT; B. The EPO acting as ISA; C. The EPO acting as IPEA; D. The EPO as designated or elected Office;.

Müchen : European Patent Office, c1996.

English