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DEPOSIT OF BIOLOGICAL MATERIAL – IMPACT ON VALIDITY OF PRIORITY CLAIM

In decision T107/09, the competent EPO Technical Board of Appeal 3.3.04 provided important guidance with respect to the timely deposit of biological material in order to fulfill the „same invention“ requirement when assessing the validity of a priority claim. The case concerned European patent 0 555 880 B1 relating to ligands for the CD40CR receptor. […]

SUPPLEMENTARY PROTECTION CERTIFICATES – NEW REFERRALS TO THE CJEU

Even though the Court of Justice of the European Union (CJEU) has handed down in the last two years a considerable number of landmark decisions concerning various aspects of Regulation 469/2009/EC (i.e. the SPC regulation), the rulings have apparently still left numerous issues of the legislation unresolved. Courts in Great Britain, Germany, and the Netherlands […]

ADMISSIBILITY OF DISCLAIMERS – NEW LESSIONS FROM THE EPO TECHNICAL BOARDS OF APPEAL

Last year, the EPO Enlarged Board of Appeal (EBA) handed down its decision in case G2/10 relating to the admissibility of disclaimers whose subject matter was disclosed as an embodiment (i.e. ‚positively disclosed‘ disclaimers) in the application as originally filed (cf. Newsletter issue of September 2011). The EBA ruled that an amendment to a claim […]