European Patent Office (EPO)

Record year at the European Patent Office (EPO Annual Report 2016)

Last year, the European Patent Office granted 96,000 patents, more than ever before. With 7,293 Patent Applications, Switzerland ranks fifth in an international comparison. However, Switzerland remains in first place in terms of the number of Applications per inhabitant. Filings of Patent Applications per inhabitant in Switzerland are around seven times higher than the average […]

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Inconsistency a posteriori (T 0755/14, “soil removal device”)

An Application may only relate to one invention. This is a regulatory provision that serves only organizational, documentary, procedural and budgetary purposes. It has no effect on the protection that can be obtained. According to the established jurisprudence of the European Patent Office, the examination of unity should therefore not be carried out too narrowly.

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Right to be heard in the case of ex officio objections (R 0016/13 “crystalline micronisate”)

Safeguarding the right to be heard is a central principle in official and judicial proceedings. A decision may not be based on grounds on which the party negatively affected by the decision was unable to comment. In the review proceedings R 0016/13 “crystalline micronisate”, the Enlarged Board of Appeal revised a decision of the Board

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Lack of clarity of technical standards (T 1888/12 – WABCO)

The European Patent Office examines claims not only for novelty and inventive step, but also for clarity. This requirement in particular has become increasingly important in recent years. Patents are being rejected more and more frequently due to a lack of clarity. It is not always clear what is “clear”. For example, is an ISO

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