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Case Law of the Board of Appeal of the European Patent Office
2025
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Title
Case Law of the Board of Appeal of the European Patent Office
Edition
Eleventh Edition
Item Type
Book
Description
1 Online-Ressource.
ISBN
9783896053954 Online
Summary
The present new edition reflects almost 9000 important decisions from the Boards of Appeal and provides updates on the evolution of the case law through to the end of 2024. The CLB has since become an integral and highly valued resource for the work of patent attorneys in particular, the judiciary in the EPC contracting states and beyond, as well as in-house and outside counsel. This was confirmed by the results of a survey conducted by the Boards of Appeal in 2024, in which 85% of patent attorneys replying to the survey stated the main reason for using the CLB was for the preparation of cases and/or applications. Since the 10th edition in 2022, which was the first digital-only edition of the CLB, there have been many changes. Interim revisions of selected chapters were introduced for the first time in 2024, keeping users updated on the most recent and important changes between triennial editions. These included in particular the case law and approaches following Enlarged Board decisions as well as the developing jurisprudence on the application of the revised Rules of Procedure, which came into force in 2020. These interim revisions will continue on an annual basis and will be available in the HTML version of the publication, allowing for a more dynamic and up-to-date insight into the development of our jurisprudence.
Formatted Contents Note
Foreword to the Eleventh Edition
User guide
I. Patentability
I.A. Patentable inventions
I.B. Exceptions to patentability
I.C. Novelty
I.D. Inventive step
I.E. The requirement of industrial application under Article 57 EPC
II. Patent Application and Amendments
II.A. Claims
II.B. Unity of invention
II.C. Sufficiency of disclosure
II.D. Priority
II.E. Amendments
II.F. Divisional applications
II.G. Prohibition of double patenting
III. Rules Common to all Proceedings before the EPO
III.A. The principle of the protection of legitimate expectations
III.B. Right to be heard
III.C. Oral proceedings
III.D. Time limits, documents transmitted by fax, further processing and interruption of proceedings
III.E. Re-establishment of rights
III.F. Languages
III.G. Law of evidence
III.H. Interpretation of the EPC
III.I. Main and auxiliary requests
III.J. Suspected partiality
III.K. Formal aspects of decisions of the EPO
III.L. Correction of errors in decisions
III.M. Inspection of files, European Patent Register and stay of proceedings
III.N. Observations by third parties
III.O. Transfer of party status
III.P. Intervention
III.Q. Continuation of the opposition proceedings by the EPO
III.R. Apportionment of costs
III.S. Notifications
III.T. Applications by non-entitled persons
III.U. Rules relating to Fees
III.V. Representation
III.W. Guidelines for Examination in the European Patent Office
IV. Proceedings before the Departments of First Instance
IV.A. Preliminary and formalities examination
IV.B. Examination procedure
IV.C. Opposition procedure
IV.D. Limitation/revocation
V. Proceedings before the Boards of Appeal
VI. The EPO Acting as a PCT Authority – EURO-PCT Applications
VII. Institutional Matters
User guide
I. Patentability
I.A. Patentable inventions
I.B. Exceptions to patentability
I.C. Novelty
I.D. Inventive step
I.E. The requirement of industrial application under Article 57 EPC
II. Patent Application and Amendments
II.A. Claims
II.B. Unity of invention
II.C. Sufficiency of disclosure
II.D. Priority
II.E. Amendments
II.F. Divisional applications
II.G. Prohibition of double patenting
III. Rules Common to all Proceedings before the EPO
III.A. The principle of the protection of legitimate expectations
III.B. Right to be heard
III.C. Oral proceedings
III.D. Time limits, documents transmitted by fax, further processing and interruption of proceedings
III.E. Re-establishment of rights
III.F. Languages
III.G. Law of evidence
III.H. Interpretation of the EPC
III.I. Main and auxiliary requests
III.J. Suspected partiality
III.K. Formal aspects of decisions of the EPO
III.L. Correction of errors in decisions
III.M. Inspection of files, European Patent Register and stay of proceedings
III.N. Observations by third parties
III.O. Transfer of party status
III.P. Intervention
III.Q. Continuation of the opposition proceedings by the EPO
III.R. Apportionment of costs
III.S. Notifications
III.T. Applications by non-entitled persons
III.U. Rules relating to Fees
III.V. Representation
III.W. Guidelines for Examination in the European Patent Office
IV. Proceedings before the Departments of First Instance
IV.A. Preliminary and formalities examination
IV.B. Examination procedure
IV.C. Opposition procedure
IV.D. Limitation/revocation
V. Proceedings before the Boards of Appeal
VI. The EPO Acting as a PCT Authority – EURO-PCT Applications
VII. Institutional Matters
Linked Resources
Published
Munich, Germany : European Patent Office, 2025.
Language
English
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