Case law of the EPO boards of appeal in 2007

Abstract

The article reviews significant decisions handed down by the boards of appeal of the European Patent Office (EPO) in 2007, concentrating on decisions of the Enlarged Board and the boards of appeal issued in 2007 and published or to be published in the OJ EPO. The article discusses two important decisions of the EBA on the subject of divisional applications (Article 76 EPC and R. 25 EPC) and three new referrals to the EBA concerning (i) exclusion from patentability under R. 23d(c) in conjunction with Article 53a EPC; (ii) exclusion under Article 52(4) EPC; and (iii) exception to patentability under Article 53(b) EPC. It covers also decisions of the legal board on the application of EPC 2000 and divisional applications and decisions of technical boards of appeal on exclusions from patentability (Articles 52 (2)(3) and (4) EPC), admissibility of amendments, re-establishment of rights (Article 122 EPC), late submission of facts, and arguments, approval of the text by the applicant in proceedings before the EPO and transfer of opponent status in opposition procedure. The article provides an overview of the 2007 case law of the boards of appeal which is particularly useful since many of the decisions discussed have not yet been published in the OJ EPO.