Saturday, 1 October 2011

T 1200/08 – Long Live The Patent

Has it ever occurred to you that 20 is too young to die and that patents should live longer ? There is perhaps something under way at the EPO, as the present decision suggests.

*** Translation of the German original ***

[5.5] The impugned patent is based on an application filed on May 28, 1998. Therefore, it will expire in May 2118 at the latest. If the Board remitted the case back to the Opposition Division (OD) and if there was an appeal against the subsequent decision of the OD, it is doubtful whether the final decision could be taken before the expiration of the patent.

[5.6] For these reasons, the Board has decided to decide on the inventive step of auxiliary request 3.

To download the whole decision (in German), click here.

The file wrapper can be found here.


Anonymous said...

Come on, it's only been 13 years since the procedure began. I saw cases decided only weeks before the patent finally ran out. ;-)

I note at 5.3 that this board considers that there is no absolute right to two instances. Un droit à géométrie variable, quoi...

Myshkin said...

Too bad the order does not refer to the claims filed with the letter of 18 May 2111 :-)