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Timing is everything: late-filed amendments affecting procedural economy

European Union - February 25 2021 It has become increasingly challenging for parties to have new requests…

EPO sufficiency: can medical use claims encompass all patients if the majority are non-responders?

European Union - December 21 2020 If a therapeutic benefit is only observed in a sub-group of patients (in particular, a small group), is a claim sufficient if it claims all patients…

EPO examination reports: “will be refused” a substantial procedural violation?

European Union - October 26 2020 It can be frustrating for applicants to feel arguments and evidence is not being considered by an examiner during the examination process. The right…

Late-filed claims at the EPO Opposition Division - a new hope

European Union - December 23 2019 In T0688/16, the Board of Appeal held that new claim requests can be filed during opposition proceedings if there is a change of opinion by the…

G1/18: guidance on when appeal & opposition fees will be refunded

European Union - October 24 2019 In view of conflicting decisions concerning the refund of Appeal fees, the Enlarged Board of Appeal considered in G1/18 the distinction between (i)…