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Enlarged Board of Appeal Decision G 1/10. How to correct an EP patent by Peter Sørensen

Previously, Rule 140 EPC was available for correction of obvious errors in the patent text (i.e. description, claims, and figures) after grant of a European patent. This is however not possible anymore following Enlarged Board of Appeal Decision G 1/10. It should be noted that the decision is explicitly not related to correction of errors in bibliographic data or priority data. An obvious error in the text of a granted patent can be corrected at the national patent offices, by filing an appeal against the Decision to Grant (if the error is caused by a transcription by EPO), or during opposition proceedings at the EPO. An obvious error in a granted European patent should be read as if corrected.

Protection of designs in the EU by Erik Sigh
In the European Union, designs can be protected as a European Community Design. This presentation gives an overview of the Community Design Regulation.

The nuts and bolts of oppositions and appeals by Kim Wagner and Henrik Skødt
In opposition and appeal cases before the European Patent Office and national courts it is essential to be properly prepared in order to achieve a successful outcome. This presentation provides an overview of the nuts and bolts of oppositions and appeals including how to prepare for an opposition and how to respond to one as well as how to prepare an appeal.

Dosage regimes G2-08 - by Jan Mondrup Pedersen
This presentation is a review of the Enlarged Board of Appeal decision G2/08 from the European Patent Office relating to the patentability of 2nd medical uses and particularly dosage regimes under the European Patent convention (EPC). G2/08 has established that new and inventive applications of known drugs are indeed patentable under the EPC, whether the new application is in respect of a new indication, a new patient subgroup, a new dosage regimen or administration form or any other inventive new use. A review of the allowable 2nd medical claim formats is also included.

Case law review - Internet Citations as Prior Art - by Jan Mondrup Pedersen
This presentation is a review of the Board of Appeal decision T1134/06 regarding internet publications as prior art under the European Patent Convention (EPC). Decision T1134/06 is an important decision if you want to use or disqualify any relevant documents in the prior art, which have been published on the internet only. The presentation discusses who has the burden of proof relating to an internet publication date, and how to you lift this burden as well as the reliability of some of the tools to “look into the past” on the internet.

Pitfalls of priority - by Peter Sørensen
The use of priority under the Paris Convention is an everyday tool for a patent professional. However, care should be taken to avoid some common mistakes. This presentation highlights some pitfalls that should be considered with respect to the applicant, assignment of the right to priority, the concept of the ‘same invention’ under European patent practice, and lastly the possibility of ‘shifting’ the priority year under certain conditions.

Supplementary Protection Certificates - Extending the duration of your patent - by Jan Mondrup Pedersen
This presentation provides an overview of the possibilities and requirements in connection with obtaining an extension of the 20 year patent term for pharmaceuticals and agrochemicals via a supplementary protection certificate (SPC) in Europe. The presentation answers questions like: Which type of products are eligible?, what are the basic requirements to obtain a granted certificate? Also relevant case law is presented which has clarified some of the many grey areas in connection with combination products, salt and ester derivatives, enantiomers and other issues.

Patents on medical uses - by Lars Hallander
In general, patent protection is available for pharmaceuticals as for any other novel and inventive technology. In many countries it is also possible to obtain patent protection for new medical uses of known active principles or formulations. This presentation highlights the basic principles relating to patents on new medical uses, with focus on European patent law and practice. It also highlights some important issues one should consider in order to file successful patent applications on new medical uses.  

Japanese Patent practice - by Ako Yasuhara and Shinji Okayama
This presentation provides an overview of Japanese practice for European attorneys. First, we go through the important terms and focus on the amendment with an example which is a typical case of rejection. The presentation furthermore includes tips for handling Japanese patent applications.

Judgments from the CJEU by Jan Mondrup Pedersen
On 24 November the judgments from the Court of Justice of the European Union (CJEU) regarding certain aspects of SPC’s on combination products were published. This presentation describes the two related cases as well as the impact and interpretation of these.

Business methods and computer-implemented inventions – How can they be patented? By Erik Sigh
Claimed subject-matteris always considered as a whole when evaluating whether individual features contribute to its technical character.
Only that part of the subject-matter which is determined to contribute to its technical character is taken into account when assessing inventive step.
The purely non-technical aspects of a claimed subject-matter which define an aim to be achieved in a non-technical field may appear in the formulation of the technical problem in the form of a requirement specification, in particular as a constraint that has to be met.