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Swiss-type Claims Are No Longer Acceptable at the EPO

By Donald Zuhn, Kevin Noonan, Chris Singer, Sherri Oslick, and Jason Derry

By Bradley Crawford -- On February 19, 2010, the European Patent Office Enlarged Board of Appeals issued its decision in In re Abbott Respiratory, G 0002/08 (EPO Enlarged Board of Appeal 2010). In this decision, three questions were considered by the Enlarged Board, but only the third question will be considered here: (3) Are any special considerations applicable when interpreting and applying Articles 53(c) and 54(5) EPC 2000? While the exact meaning of this question is not immediately evident to U.S. practitioners, the Board was being asked to consider the need for Swiss-style claims in light of EPC 2000 coming...

Full post as published by Patent Docs on March 04, 2010 (boomark / email).