Search Results for: Yann Gloaguen


May 2020

European Patent Office Declares Plants and Animals Exclusively Obtained by Essentially Biological Processes Are Not Patentable

By Yann Gloaguen, Ph.D.  简体中文 On May 14th, 2020, the Enlarged Board of Appeal of the European Patent Office (EPO) might have ended a legal saga involving a string of G-decisions, by issuing opinion G 3/19 (“Pepper”) and concluding that plants and animals exclusively obtained by essentially biological processes are not patentable. Article 53(b) of the European Patent Convention (EPC) is the main legal basis…

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Nov 2018

Changes in the Guidelines for Examination

By Yann Gloaguen The European Patent Office (EPO) has recently published the annual update of its Guidelines of Examination (hereinafter “EPO update”), which will come into force on November 1st, 2018.  In particular, the EPO update includes changes to unity of invention requirements and the patentability of mathematical methods. Changes to Unity of invention Requirements: Under the European Patent Convention (EPC), a European patent application must…

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Jun 2018

IP5 Pilot Project on Collaborative Search and Examination Under the PCT

By: Yann Gloaguen On July 1st 2018, the IP5 Offices launched the second phase of a pilot project aimed at testing and further developing the concept of Collaborative Search Examination (CS&E), a collaboration effort amongst the five “IP5 Offices”, i.e. the United States Patent and Trademark Office (USPTO), the State Intellectual Property Office the People’s Republic of China (SIPO), the Japan Patent Office (JPO), the…

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Mar 2018

EPO objections of added subject-matter due to an Unallowable Intermediate Generalization

By: Francesca Giovannini, Yann Gloaguen, Elsa Benveniste According to Art. 123(2) EPC, a European patent application or a European patent may not be amended in such a way that it contains subject-matter which extends beyond the content of the application as filed. The idea underlying Art. 123(2) EPC is that an Applicant should not be allowed to improve their position by adding subject-matter not disclosed in the application as…

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Feb 2018

New EPC Provisions: Payment of Renewal and Search Fees for Supplementary EU Search

By: Yann Gloaguen Two provisions of the European Patent Convention (EPC) will come into effect on April 1st 2018. The first provision affects payment of the 3rd year renewal fee, the second provision affects the fee for the supplementary European search with some PCT applications. 1.1. European patent application renewal fees  must be paid annually to the European Patent Office (EPO) starting from the second…

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