In this year's contribution to the regular series on "Current Case Law of the Boards of Appeal of the EPO", patent attorneys Jochen Ehlers and Till Augustin explain the decisions G 1/22 and G 2/22 on priority entitlement and the pending referral G 1/23 on the question of when subject matter is deemed to have been made available to the public. They also assess the case law on "Art. 69 EPC - Determination of the scope of protection in grant and opposition proceedings", on the three stages of the convergence approach, on the performance of the invention in the entire claimed area and on negotiations by videoconference.
The current issue of "Mitteilungen der deutschen Patentanwälte" (issue 7-8, 2024) is available for a fee from the information service provider Wolters Kluwer.
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