Key points
- The proprietor files amended claims in appeal.
- The proprietor had filed no reply at all in the first instance proceedings and the patent was revoked without oral proceedings and without preliminary opinion of the OD.
- The proprietor does not invoke a substantial procedural violation, so probably they had received the notification of the notice of opposition.
- The Board: " Throughout the appeal proceedings, the appellant has not indicated any specific circumstances of the appeal case that could justify the admittance of the new requests into the appeal proceedings within the meaning of Article 12(6) RPBA. In its communication pursuant to Article 15(1) RPBA, the board had already announced the expected non-admittance of the main request and the auxiliary request (see paragraph III above and the respective communication of the board under point 11). However, the appellant did not provide any justification either in writing or at the oral proceedings."
- Hence, the appeal is admissible, but all requests are inadmissible.
- The oral proceedings before the Board lasted 15 minutes and were held by vico. Both parties attended.
- The possibility of holding short oral proceedings seems a great advantage of vico. In this way, it is unambiguously clear that the proprietor was aware of the appeal and had nothing to add and the right to oral proceedings was complied with in the most efficient manner.*
- (* - without prejudice to the possible right to in-person oral proceedings outside pandemics).
EPO
The link to the decision is provided after the jump, as well as (an extract of) the decision text.
source http://justpatentlaw.blogspot.com/2023/11/t-110321-15-minutes-oral-proceedings.html
