Following the oral proceedings that took place two weeks’ ago, the EPO’s Enlarged Board of Appeal has today (16 July 2021) given its answer to the referred question in case G1/21 – whether oral proceedings can be held by video conference without the consent of the parties.
Insights: EPO englarged board of appeal
Oral proceedings in case G1/21 took place today (2 July 2021) for the second time in case, after proceedings were adjourned at the first oral proceedings that took place last month. While we don’t know what the outcome of the oral proceedings will be, the proceedings were at least properly concluded and we can expect the written decision in due course.
Inventions that fall into certain categories of excluded subject-matter, including programmes for computers, mathematical methods and mental acts, are not patentable in Europe. The EPO’s established ‘COMVIK’ approach assesses inventive step for claims that include a mixture of features that do and do not fall into categories of excluded subject-matter. If a claim feature relates to excluded subject-matter and does not contribute to a technical solution to a technical problem then it is ignored for the assessment of inventive step
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