By Klemens Stratmann Currently, the parties involved in appeal proceedings before the EPO see a clear trend towards decisions rendered on formal grounds. If the patentee files new requests along with the statement setting out the grounds of appeal without sufficiently addressing the decision per se, he runs the risk that the appeal is held…

In one of the most highly observed patent cases in Europe in 2015, Case C-170/13, Huawei vs ZTE, the Court of Justice of the European Union with judgment of 16 July 2015 provided valuable and long-awaited guidance on the antitrust/FRAND defense in cases of standard essential patents (SEPs). The decision at the same time raised…

Some musings about a song by Georg Kreisler and about the most recent plans of the President of the EPO to have the Boards of Appeal move to Vienna. The unforgettable Austrian–American Viennese-language cabarettist, satirist, composer, and author Georg Kreisler (1922-2011) once wrote a famous song having the title „Death must be a Viennese, just…

The creation of the Unified Patent Court (UPC) means that there will finally be a judiciary to control the very strong executive power of the European patent system, the European Patent Office, Jens Schovsbo, Professor at the Centre for Information and Innovation Law of the University of Copenhagen, told Kluwer IP Law in an interview. According…

A board of appeal of the European Patent Office held that a conditional request for oral proceedings filed with a notice of opposition remains effective after appeal and remittal to the opposition division, even when the party fails to restate the request in response to an invitation for requests by the opposition division after the remittal….

Article 118 of the EPC (entitled “Unity of the European patent application or European patent”) states that: “[…] the text of the application or patent shall be uniform for all designated Contracting States, unless this Convention provides otherwise.” Like other Articles such as Article 2.2, 14.3, 43.1, 130.1 or 148.1, Article 118 follows the logic…

One of the tricky consequences of Article 64 of the European Patent Convention (“EPC”), which establishes that the European patent is immediately enforceable after its publication, and Article 99, which provides for “post-grant” oppositions, is that quite often the combination of these two articles fuels two trains that run in parallel where the validity of…