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EPO Boards Of Appeal
The European Patent Convention (EPC), the multilateral treaty instituting the legal system according to which European patents are granted, contains provisions allowing a party to appeal a decision issued by a first instance department of the European Patent Office (EPO). For instance, a decision of an Examining Division refusing to grant a European patent application may be appealed by the applicant. The appeal procedure before the European Patent Office is under the responsibility of its Boards of Appeal, which are institutionally independent within the EPO. Overview Decisions of the first instance departments of the European Patent Office (EPO) can be appealed, i.e. challenged, before the Boards of Appeal of the EPO, in a judicial procedure (proper to an administrative court), as opposed to an administrative procedure. These boards act as the final instances in the granting and opposition procedures before the EPO. The Boards of Appeal have been recognised as courts, or ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Case Law
Case law, also used interchangeably with common law, is a law that is based on precedents, that is the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations. Case law uses the detailed facts of a legal case that have been resolved by courts or similar tribunals. These past decisions are called "case law", or precedent. ''Stare decisis''—a Latin phrase meaning "let the decision stand"—is the principle by which judges are bound to such past decisions, drawing on established judicial authority to formulate their positions. These judicial interpretations are distinguished from statutory law, which are codes enacted by legislative bodies, and regulatory law, which are established by executive agencies based on statutes. In some jurisdictions, case law can be applied to ongoing adjudication; for example, criminal proceedings or family law. In common law countries (including the United Kingdom, United States, Canada, Austral ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Right To A Fair Trial
A fair trial is a trial which is "conducted fairly, justly, and with procedural regularity by an impartial judge". Various rights associated with a fair trial are explicitly proclaimed in Article 10 of the Universal Declaration of Human Rights, the Fourth, Fifth, Sixth, Seventh, and Fourteenth Amendments to the United States Constitution, and Article 6 of the European Convention of Human Rights, in addition to numerous other constitutions and declarations throughout the world. There is no binding international law that defines what is not a fair trial; for example, the right to a jury trial and other important procedures vary from nation to nation. Definition in international human rights law The right to fair trial is very helpful to explore in numerous declarations which represent customary international law, such as the Universal Declaration of Human Rights (UDHR). Though the UDHR enshrines some fair trial rights, such as the presumption of innocence until the accused i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Limitation And Revocation Procedures Before The European Patent Office
In European patent law, the limitation and revocation procedures before the European Patent Office (EPO) are post-grant, '' ex parte'',OJ 2007, Special edition 4/2007, page 116, item 1. administrative procedures allowing any European patent to be centrally limited by an amendment of the claims or revoked, respectively. These two procedures were introduced in the recently revised text of the European Patent Convention (EPC), i.e. the so-called EPC 2000, which entered into force on 13 December 2007. The new Articles 105a, 105b and 105c EPC (of the EPC 2000) form the legal basis of the limitation and revocation procedures. These procedures are applicable since 13 December 2007 to all European patents, whether already granted or granted after that date. Rationale Until a decision of the Enlarged Board of Appeal of the EPO of 1994, namely G 9/93 (reverting earlier decision of the same instance of 1985, namely G 1/84), it was possible for the proprietor of a European patent to op ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Unified Patent Court
The Unified Patent Court (UPC) is a common Supranational law, supranational patent court of 18 member states of the European Union, which opened on 1 June 2023. It hears cases regarding patent infringement, infringement and revocation proceedings of European patents (regular European patents unless they were Unified Patent Court's opt-out provisions, opted out and unitary patents). A single court ruling is directly applicable in the member states that have ratified the UPC Agreement (UPCA). The UPCA is the legal basis for the court. It was signed as an Enhanced cooperation#Related intergovernmental treaties, intergovernmental treaty in February 2013 by 25 states, all then-EU member states except Spain, Poland and Croatia. The UPC entered into force after meeting #Entry into force, three predefined conditions on 1 June 2023. Provisional application of the UPC Agreement was triggered on 19 January 2022 to enable preparation for the proper functioning of the court after entry into f ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
G 7/93
G, or g, is the seventh letter of the Latin alphabet, used in the modern English alphabet, the alphabets of other western European languages, and others worldwide. Its name in English is ''gee'' (pronounced ), plural ''gees''. The lowercase version can be written in two forms: the single-storey (sometimes "opentail") and the double-storey (sometimes "looptail") . The former is commonly used in handwriting and fonts based on it, especially fonts intended to be read by children. History The evolution of the Latin alphabet's G can be traced back to the Latin alphabet's predecessor, the Greek alphabet. The voiced velar stop was represented by the third letter of the Greek alphabet, gamma (Γ), which was later adopted by the Etruscan language. Latin then borrowed this "rounded form" of gamma, C, to represent the same sound in words such as ''recei'', which was likely an early dative form of '' rex'', meaning "king", as found in an "early Latin inscription." Over time, howe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Merits Of The Case
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IPKat
IPKat is a law blog founded in June 2003, and dedicated to intellectual property law (IP) with a focus on European law.Alex Newson, Deryck Houghton, Justin Patten, ''Blogging and other social media: exploiting the technology and protecting the enterprise'', Gower Publishing, Ltd., 2008, , p. 6.IPKat web page. Consulted on March 24, 2007. The content comprises news of recent judicial rulings, decisions of and granting authorities, primary and secondary , practice and procedural notes and recent p ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Patent Cooperation Treaty
The Patent Cooperation Treaty (PCT) is an international patent law treaty, concluded in 1970. It provides a unified procedure for filing patent applications to protect inventions in each of its contracting states. A patent application filed under the PCT is called an international application, or PCT application. A single filing of a PCT application is made with a Receiving Office (RO) in one language. It then results in a search performed by an International Searching Authority (ISA), accompanied by a written opinion regarding the patentability of the invention, which is the subject of the application. It is optionally followed by a preliminary examination, performed by an International Preliminary Examining Authority (IPEA). Finally, the relevant national or regional authorities administer matters related to the examination of application (if provided by national law) and issuance of patent. A PCT application does not itself result in the grant of a patent, since there is no ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
R 19/12
R 19/12 is a decision issued on April 25, 2014 by the Enlarged Board of Appeal of the European Patent Office (EPO), in which the Enlarged Board allowed an objection of suspicion of partiality Impartiality (also called evenhandedness or fair-mindedness) is a principle of justice holding that decisions should be based on objective criteria, rather than on the basis of bias, prejudice, or preferring the benefit to one person over anothe ... against its Chairman, the Vice-President of Directorate General 3 (DG3) (the Boards of Appeal Directorate), and ordered that he be replaced, because he was also acting as member of the Management Committee of the EPO. In 2014, the effects of the decision were said to be potentially far-reaching. Following the decision, an organisational and structural reform of the EPO has been undertaken aiming at a clearer separation of the Boards of Appeal, i.e. the judiciary of the EPO, from its executive branch. See also * Art. 23 1/15, Art. 23 2/15 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Administrative Council Of The European Patent Organisation
The Administrative Council of the European Patent Organisation is one of the two organs of the European Patent Organisation (EPOrg), the other being the European Patent Office (EPO). The Administrative Council acts as the Organisation's supervisory body as well as, to a limited extent, its legislative body. The actual legislative power to revise the European Patent Convention (EPC) lies with the Contracting States themselves when meeting at a Conference of the Contracting States. In contrast, the EPO acts as executive body of the Organisation.Gower's Report on Intellectual Property , para 1.34 Composition and competences The Administrative Council is composed of Representatives of the Contracting States and is responsible for overseeing the work of the European Pate ...[...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Carl Josefsson (judge)
Carl Josefsson (born 1965) is a former Swedish Judge at the Svea Court of Appeal in Stockholm, and currently President of the Boards of Appeal of the European Patent Office (EPO), a new position created within the EPO. He took up his new position on 1 March 2017 for a period of five years. As President of the Boards of Appeal of the EPO, Josefsson also acts as President of the Enlarged Board of Appeal. Josefsson was appointed judge at the Svea Court of Appeal in 2013. From 1998 to 2013, he worked at the Swedish Ministry of Justice. See also * Wim van der Eijk, head of the Boards of Appeal of the EPO and Chairman of the EPO Enlarged Board of Appeal The European Patent Convention (EPC), the multilateral treaty instituting the legal system according to which European patents are granted, contains provisions allowing a party to appeal a decision issued by a first instance department of the Eu ... until 1 December 2016 References External linksPresident of the Boards of Appe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
