Key points
- This is the follow up to G 4/19 about Double Patenting.
- The subject-matter of the claims is the same as that of a granted European patent.
- The Technical Board of Appeal, still in the appeal against a refusal decision: “ in its decision G 4/19 the Enlarged Board of Appeal did not address the requirements relating to the "same applicant" and the "same application"* since this issue was not considered to be covered by the referral, see G 4/19, points 7 and 16).” *: probably "same invention" was intended.
- The TBA: “Moreover, no request for limitation or revocation (Article 105a EPC) is pending in respect of [the already granted] European patent”
- This is quite interesting.
- “The patentee of European patent No. 2251021 was Nestec S.A. The same company filed European patent application No. 10718590.2 under consideration in the present appeal. Nestec S.A. merged with Société des Produits Nestlé S.A. with effect from 27 May 2019. As a result of the merger, Nestec S.A. ceased to exist and was removed from the companies register. By way of universal succession, Société des Produits Nestlé S.A. became the proprietor of European patent No. 2251021 and of the contested European patent application No. 10718590.2. Thus, the requirement of "same applicant" is fulfilled.”
- In the EPO register, the applicant is as of date shown as Nestle SA and the patentee as Nestec S.A.
source http://justpatentlaw.blogspot.com/2021/12/t-031814-details-of-double-patenting.html
