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Disclaimer Contradiction Resolved

Disclaimer Contradiction Resolved

Summary Ambiguities in the previous decisions of the Boards of Appeal, regarding allowability of disclaimers seem now to be resolved. According to the recent decision of the Enlarged Board of Appeal G1/16 in the opposition appeal proceedings between two US Universities and Merck Patent GmbH, the choice of the proper test for assessing the allowability…

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The Post-G1/15 World

The Post-G1/15 World

In the decision of the Enlarged Board of Appeal G1/15, based on a comprehensive analysis of the basic principles and the legislator’s intensions underlying the EPC, the Board just nailed it down. It seems that in the post-G1/15 world, there will not be much (if any) space left for so-called toxic or poisonous divisional applications. Moreover, in the aftermath of G1/15, the previous vivid discussions about poisonous divisional applications seem to be a storm…

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