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13 July 2011

EPO Publishes Special Edition of Official Journal

EPO Publishes Special Edition of Official Journal

The EPO has published, on 11 July 2011, a special edition of the Official Journal (OJ) in respect of case law of the Boards of Appeal. This lengthy edition (166 pages) includes updates on recent decisions that the EPO considers noteworthy, including in particular the decisions and referral listed below, as well as a section on statistics in respect of new, pending and settled Boards of Appeal cases.

This OJ special edition shows that, at the end of 2010, the Boards of Appeal had almost 6,000 pending cases, when considering appeals from examination procedures and from opposition procedures. With about 2,500 new cases for about 2,000 settled cases in 2010, the number of pending appeal cases before the EPO has been increasing in the last year. We can only hope that the EPO is doing its best to avoid a situation where this increase would result in longer appeal procedures for applicants and proprietors.

Useful links

Decisions and referrals included in the special edition of the Official Journal featured in our patent newsletter and on our website:

EPO Enlarged Board of Appeal Decision in case G 1/07 Interpretation of “Method for Treatment by Surgery”, patent newsletter, April 2010

EPO Enlarged Board of Appeal Issues Decision in G2/07 - the So-Called 'Broccoli' Case, website article, December 2010 and Essentially Biological Processes - Enlarged Board of Appeal Comes to Decision in Broccoli and Tomato Cases G2/07 and G1/08, patent newsletter, February 2011

EPO Decision G2/08 - End of the Swiss Claim Format for Second Medical Use Claims, patent newsletter, December 2010

Enlarged Board of Appeal Decision in Case G 3/08 - Patentability of Computer Programs, patent newsletter, June 2010

Case G 1/09 EPO Clarifies When An Application is Pending, website legal update, October 2010 and Divisional Applications and 'Pending' Parent Applications - Enlarged Board of Appeal Decision in Case G1/09, patent newsletter, February 2011

EPO Case G 2/10 - New Referral to Enlarged Board of Appeal: Allowability of Certain Disclaimers, website legal update, July 2010

Make Your Selection - EPO Shifts Criteria for Selection Inventions, patent newsletter, June 2011

Dealing with Patentable Subject Matter Exclusions - Patentability of Methods Based on Mathematical Methods, patent newsletter June 2011

Business Method Patents - EPO Board of Appeal Overturns Rejection by Examining Division in T1051/07, patent newsletter, February 2011


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