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Significant Patent Law change in Europe
Simon Ellis, Patent and Trade Mark Attorney of Watermark, reports that significant changes to the EPC (European Patent Convention) came into force from 13 December 2007. The legislative changes, called “EPC 2000”, include:
1. Centralised post-grant amendment and examination by the European Patent Office. Previously, post-grant amendments had to be requested and examined by each national office.
2. Expanding the prior art base on novelty assessment. A European patent application having an earlier priority date but published after a subject application will now entirely affect the novelty of the subject application. Previously, such prior art could be limited in effect to only the countries which the prior application had designated.
3. A claim format for so-called second or further medical use of compositions is now expressly allowable.
4. The definition of a ‘patentable invention’ has been clarified to follow accepted case law that an invention must have a ‘technical’ character.
5. The ability for parties adversely affected by a decision of a Board of Appeal to petition the Enlarged Board of Appeal to review the decision. Previously the Enlarged Board of Appeal could only be petitioned by a Board of Appeal or the President of the EPO.
Significant Patent Law change in Europe in effect from 13 December 2007
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