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European patent oppositions and biotechnology

Nature Biotechnology volume 18, pages 899–900 (2000)Cite this article

Knowing your options may be the difference when protecting your patent (or sabotaging your competitor's).

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References

  1. A thorough review of European opposition proceedings can be found in an article by Roberts, G., Oppositions before the European Patent Officea, Intellectual Property Quarterly, Issue 3 (1999).

  2. Article 99 EPC.

  3. Article 100 EPC.

  4. Article 84 EPC (which requires that the claims shall be clear and concise and be supported by the description).

  5. Article 100 EPC and Rule 55 EPC.

  6. G9/93, which prohibits self-opposition.

  7. As of 30 June 2000, the contracting states are Austria, Belgium, Switzerland and Liechtenstein, Germany, Denmark, Spain, Finland, France, Cyprus, the UK, Greece, Ireland, Italy, Luxembourg, Monaco, the Netherlands, Portugal, and Sweden. The extension states are Albania, Lithuania, Latvia, Romania, Slovenia, and Republic of Macedonia.

  8. G3/97, G4/97.

  9. Provisions are set out in Article 104 EPC, but these are rarely invoked.

  10. Article 114 (1) EPC.

  11. Although references from UK judges to stay proceedings pending the outcome of EPO proceedings have been noted, e.g., in Kimberley-Clark Worldwide Inc. v Proctor & Gamble Limited—case number 99/0810/3.

  12. See UK Bioindustry Association (http://www.bioindustry.org), Biotechnology and Patents.

  13. Article 4 EPC.

  14. EP-A-169672.

  15. T1054/96, http://www.european-patent-office.org, press release 7/99, and comment from Nott, R. in European Intellectual Property Review, Issue 1 (1999).

  16. Rules 23b, c, d, and e, inserted by decision of the Administrative Council of 16 June 1999, entered into force on 1 September 1999 (European Patent Office Journal, p. 437, 1999).

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Authors and Affiliations

  1. a partner at Kilburn & Strode, 20 Red Lion Street, London, WC1R 4PJ, UK

    Kristina V.J. Cornish

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  1. Kristina V.J. Cornish
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Cornish, K. European patent oppositions and biotechnology. Nat Biotechnol 18, 899–900 (2000). https://doi.org/10.1038/78536

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