EPO Guidelines for Examination update
12th December 2013
An updated version of the EPO Guidelines for Examination came into effect in September 2013. Most of the changes relate to implementation of the new Rule 53(3) EPC (See in particular A-III, 6.8 and sub-sections, D-VII, 2, and F-VI, 3.4) and to recent case law that has an impact on practice, such as G 1/10 (See H-VI).
In addition, clarification has been provided on issues relating to computer-implemented inventions and business methods in the context of subject-matter to be excluded from the search, in order to bring the text into line with the relevant case law (See B-VIII, 2.2).
A new section has also been inserted to provide information on the early processing of applications before the EPO as designated/elected Office before expiry of the 31-month time limit under Article 22(3) PCT and Rule 159(1) EPC (See E-VIII, 2.9).
Stay of proceedings at UK courts - Coloplast A/S v Salts Healthcare Limited
24th February 2020
Although a stay of national proceedings is the ‘default’ position in the UK, the stay was refused in this instance because of the combination of an absolute right of appeal, a minimum of two years to appeal and the potential of the ping pong effect before the EPO.