Hoffmann Eitle - München, London

09.07.2012 -

New on the Kluwer Patent Blog - T 1621/09 – Late filed Arguments

In the decision T 1621/09 of the Boards of Appeal of the EPO, it was decided that late filed arguments of the appellant amended the case to such an extent that their admittance lied within the Board’s discretion, even though the new arguments were based on facts and evidence already in the proceedings. Having found so, the Board, exercising its discretion, did not admit the new arguments into the proceedings.

Dr. Andreas Brzank and Dr. Matthias Wolf, patent attorneys in Hoffmann · Eitle’s mechanical engineering and chemical departments, respectively, report on this new and interesting decision which you may wish to take into account when presenting your (appeal) case - or when attempting to rebut a new argument of your adversary.

The entry on the Kluwer Patent Blog can be found here:
kluwerpatentblog.com