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Gün + Partners | Spain | 1 Jan 2020

Tarifname Ile istemin koruma kapsamı sınırlanabilir mi?

Barselona Temyiz Mahkemesi’nin yakın zamanda yayınlanan 12 Ocak 2019 tarihli kararında bir istemin koruma kapsamının tarifname Ile…
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Bird & Bird LLP | European Union | 1 Oct 2018

Does it sound right? The importance of phonetic similarity in the assessment of likelihood of confusion

On April 20, 2018, the European General Court ruled in Dimitrios Mitrakos v. the European Union Intellectual Property Office (EUIPO) (Case T-15/17)…
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Mitscherlich PartmbB | European Union | 29 Aug 2018

Checklist: Enablement Requirements for Parameter Patents at the EPO

Parameters, i.e. New medical values or ranges, are typical limiting features of claims. In the following guidance shall be given as how to avoid…
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Mitscherlich PartmbB | European Union | 23 Aug 2018

EPO’s BoAs Clarify Double Patenting Prohibition Doctrine and the Differences Between “The Matter for Which Protection is Sought” and “The Extent of the Protection Conferred by a European Patent”

In the decision T2563/11 the Boards of Appeal of the European patent had to deal with a divisional application…
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Finnegan, Henderson, Farabow, Garrett & Dunner, LLP | European Union, USA | 25 Jul 2018

G1/18 - A New Referral to the Enlarged Board of Appeal

In one of his last acts as President of the European Patent Office (EPO), Benoît Battistelli has referred a question to the Enlarged Board of…
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Marks & Clerk | European Union | 11 Jul 2018

Backlog battle

In our recent article we reviewed EPO Boards of Appeal’s 2017 Annual Report. The report discussed the Boards’ five-year objective to reduce the…
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Mitscherlich PartmbB | European Union | 9 Jul 2018

Office Practice - Enablement Requirment For EP Patents - What if the Claim Covers Non-Working Examples?

It is certainly a not so rare scenario that especially in life science or chemistry a broadly worded claim…
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Mitscherlich PartmbB | European Union | 2 Jul 2018

New Decisions of the Board of Appeal of the EPO with Regard to Inventive Step, Especially Selection of the Closest Prior Art

It is well known to the patent practitioner that the smart choice of the closest prior art has a big impact on the assessment of the presence of an…
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Finnegan, Henderson, Farabow, Garrett & Dunner, LLP | USA | 21 Jun 2018

Federal Circuit May Retain Jurisdiction to Decide Pre-SAS Appeals Where Less Than All Claims Were Instituted

In PGS Geophysical AS v. Iancu, Nos. 2016-2470, -2472, -2474 (Fed. Cir. June 7, 2018), the Federal Circuit held that it may retain jurisdiction over…
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Cliffe Dekker Hofmeyr | South Africa | 8 Jun 2018

Raising jurisdictional issues

The focus of a recent Supreme Court of Appeal case was not the merits of the dispute between the parties, but rather the correctness of the procedure that the taxpayer had followed in its appeal to the Tax Court. The Supreme Court of Appeal held that determining whether the Tax Court's decision was appealable was contingent on whether the decision was one contemplated in the Tax......
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