Remove Boards of Appeal are competent to overturn a finding of fact at first instance (T 1604 16)
article thumbnail

The free evaluation of evidence of prior use (T 0042/19)

The IPKat

Can a Board of Appeal overturn a finding of fact at first instance? Boards of Appeal case law on this question currently conflicts ( IPKat ). Witness testimony heard at first instance can not be considered superior or inferior to documents considered on appeal.

article thumbnail

The IPKat EPO Boards of Appeal (BA) Year in Review 2021

The IPKat

Following on from our IPKat EBA 2021 Year in Review , here is some more festive holiday reading on some of the important decisions to come out of the EPO Boards of Appeal this year. As the year draws to the close, the EPO has announced the Legal Boards of Appeal decision on whether an AI can be named as an inventor (J 8/20 and J 9/20).

Inventor 123