List of decisions and opinions of the Enlarged Board of Appeal of the European Patent Office

This is a list of decisions and opinions of the Enlarged Board of Appeal of the European Patent Office (EPO) in chronological order of the dates when the decisions were issued. The list is incomplete.

Contents


Keys: Decision(s), after referral by a Board of Appeal under Art. 112(1)(a) EPC Opinion, after referral by the President of the EPO under Art. 112(1)(b) EPC Decision and opinion, in consolidated or identical cases

1980 – 1989

Reference Date Keywords and/or comments Sources
G 1/83
G 2/83
G 3/83
G 4/83
G 5/83
G 6/83
G 7/83
12 May 1984 Patentability - Art. 52(4) - first and second medical indications
(G 1/83, G 5/83 and G 6/83 have been published, respectively in German, English and French, the three official languages of the EPO. The four other decisions have not been published.)
[1]
[2]
[3]
G 1/84 24 July 1985 Opposition by proprietor - overturned by G 9/93 [4]
G 1/86 24 June 1987 Art. 122 - Restitutio in integrum - opponent not barred - time limit statement grounds of appeal [5]
G 4/88 24 April 1989 Opposition - transfer - part of the business assets [6]
G 2/88 12 November 1989 Art. 123(3) - change of category - use claim novel by its purpose [7]
G 6/88 12 November 1989 Novelty - second non-medical indication yes
(Partially identical to G 2/88.)
[8]

1990 – 1994

Reference Date Keywords and/or comments Sources
G 1/89
G 2/89
21 February 1990 Patent Cooperation Treaty - unity of invention - a priori and a posteriori [9]
[10]
G 5/88
G 7/88
G 8/88
16 November 1990 Filing of notice of opposition at the DPMA before July 1, 1989 [11]
[12]
[13]
G 7/91
G 8/91
11 May 1992 Appeal - withdrawal of sole appellant - termination [14]
[15]
G 3/89
G 11/91
19 November 1992 Art. 123(2) - strictly declaratory nature of Rule 88 corrections [16]
[17]
G 1/92 18 December 1992 Novelty - availability to the public - prior use [18]
G 9/91 31 March 1993 Framework of opposition and appeal - extent [19]
G 10/91 31 March 1993 Framework of opposition and appeal - grounds [20]
G 4/92 22 October 1993 Oral proceedings - party absent - new facts or evidence [21]
G 1/93 21 February 1994 Art. 123(2) & (3) - conflict - inescapable trap [22]
G 9/93 7 June 1994 Opposition by patent proprietor - no - overturning G 1/84 [23]
G 9/92
G 4/93
14 July 1994 Framework of appeal - extent (decision) - reformatio in peius
(With an indication of a minority opinion.)
[24]
[25]
G 1/94 5 November 1994 Intervention during pending appeal proceedings - fresh grounds [26]
G 10/93 30 November 1994 Framework of appeal - ex parte - main aim: examination of the contested decision but no ban from introducing new grounds, facts or evidence [27]

1995 – 1999

Reference Date Keywords and/or comments Sources
G 4/95 19 February 1996 Oral proceedings - representation - accompanying person ("Oral submissions by an accompanying person in opposition or opposition appeal proceedings") [28]
G 1/95
G 7/95
19 July 1996 Framework of opposition and appeal - Art. 100(a) - collection of grounds [29]
[30]
G 3/97
G 4/97
2 January 1999 Opposition on behalf of third party - strawman - circumvention of law by abuse of process [31]
[32]
G 1/97 12 October 1999 Appeal - request to review a final decision, not provided for in the EPC [33]

2000 – 2004

Reference Date Keywords and/or comments Sources
G 1/99 4 February 2001 Framework of appeal -extent (decision) - reformatio in peius - exception [34]
G 2/98 31 May 2001 Priority - same invention - direct and unambiguous derivation [35]
G 1/03
G 2/03
8 April 2004 Allowability of disclaimers [36]
[37]

2005 – 2009

Reference Date Keywords and/or comments Sources
G 2/04 25 May 2005 Transfer of opposition (i.e., of the status as an opponent), filing of an appeal when "there is a justifiable legal uncertainty as to how the law is to be interpreted in respect of the question of who the correct party to the proceedings is". [38]
G 1/05
G 1/06
28 June 2007 Divisional applications [39]
[40]
G 2/06 25 November 2008 Stem cells, non-patentability of inventions involving the use and destruction of human embryos, Rule 28(c) EPC. [41]

From 2010

Reference Date Keywords and/or comments Sources
G 1/07 15 February 2010 Methods for treatment by surgery [42][43]
G 4/08 16 February 2010 Language of the proceedings. No change of the language of a Euro-PCT application upon entry into European phase if the language of the PCT application is already in an EPO official language. [44]
G 2/08 19 February 2010 Dosage regimen [45][46]
G 3/08 12 May 2010 Patentability of programs for computers, referral dismissed [47]
G 1/09 27 September 2010 Pending application. Time limit for filing a divisional application, and meaning of "pending" in Rule 25 EPC 1973 (Rule 36(1) EPC) [1] [48]
G 2/07
G 1/08
9 December 2010 Essentially biological processes [49] [50]
G 2/10 30 August 2011 Allowability of disclaimers under Article 123(2) EPC if the disclaimed subject-matter was (positively) disclosed as an embodiment of the invention in the application as filed [51]

Pending referrals

Reference Date Keywords and/or comments Sources
G 1/10 referred 23 June 2010 Correction of the decision to grant after initiation of opposition proceedings, application of Rule 140 EPC [2] (referral in Board of Appeal decision T 1145/09) [52]
G 1/11 referred 4 August 2011 Competence of the Boards of Appeal

Trivia

  • Case G 3/92 also led to an indication of a dissenting opinion, relating to an issue of right to the patent (Article 61 EPC)
  • Case G 9/93 reversed previous opinion laid out in G 1/84, regarding the allowability of an opposition by the patent proprietor. G 1/84 accepted such type of opinion, G 9/93 then rejected it.

References and notes

  1. ^ More comments may be found on: Another EBA referral on divisionals, IPKat, 11 June 2009. Consulted on June 12, 2009 and (French) Laurent Teyssedre, Demandes divisionnaires : la Grande Chambre est à nouveau saisie, Le blog du droit européen des brevets, June 10, 2009. Consulted on June 12, 2009.
  2. ^ More comments may be found on: New referral to the EBO: until when can a correction under Rule 140 be requested?, IPKat, 14 July 2010. Consulted on June 17, 2009 and (French) Laurent Teyssedre, G1/10 : peut-on corriger les décisions de délivrance pendant une procédure d'opposition ?, Le blog du droit européen des brevets, July 16, 2010. Consulted on July 17, 2010.

See also

External links


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