3 votes
Accepted

Prior art and claim

It is a single document, and it is the prior art that is deemed to be the closest to the claimed invention. Should the closest prior art change during prosecution, you have to amend the preamble ...
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2 votes

Is it possible to patent an operational workflow in EU?

It depends on what kind of operational workflow you want to be patented. In short, a workflow/process/method is patentable, if it has a tangible / measurable result, like a pizza recipe (take a dough, ...
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  • 327
2 votes
Accepted

Amend patent claim in opposition due to lack of clarity

Looks like you got confused because you read the word 'clear' in Art. 100(b) EPC. The Article refers to the claims being enabled, the description must be an enabling disclosure. The ground of Art. 100(...
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2 votes
Accepted

Period time to pay renewal fees for european patents

The legal provision is Rule 51.1 EPC: "[...] A renewal fee for the European patent application in respect of the coming year shall be due on the last day of the month containing the anniversary ...
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2 votes
Accepted

General and specific feature

The actual question 'Would this discovery still be covered by the claim/patent before or would it be new?' has two questions as pointed out by Eric S and George White: Is the development covered by ...
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2 votes
Accepted

How much time do you have to file a patent in China after you have filed it in the USA?

The central consideration is that most of the world requires absolute novelty of an invention as of the day of filing. The U.S. is an exception with a sort-of one year grace period. As long as your ...
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  • 25.4k
2 votes
Accepted

Second oral proceedings of a European Patent Application

No, your request will not be refused as long as the topic ("the subject") to be discussed is not the same. The refusal of your request for OP would be a substantial procedural violation that ...
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1 vote

Why is Art. 54(3) EPC limited to only European patent applications?

The questioner asked why the prior art effect of unpublished earlier applications under EPC Art. 54(3) is limited to European patent applications. The shorter answer, it seems to me, is that prior art ...
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  • 186
1 vote

What is the "procedural step" Art. 24(3) EPC is referring to?

I'm not aware of any case-law examining why an objection is not treated as a 'procedural step' under EPC 24(3). But I'd suggest that on a commonsense view, a party who takes a step in the appeal ...
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  • 186
1 vote

General and specific feature

If someone gets a claim on using a specific drill design used between 1000 and 20,000 rpm. Then yes this covers the use of the specific drill design at 10,000 rpm since that speed is within the ...
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  • 9,074

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