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G 2/98

Index G 2/98

G 2/98 is an opinion of the Enlarged Board of Appeal of the European Patent Office (EPO) issued on May 31, 2001, after a point of law was referred to it by the President of the EPO (pursuant to). The case pertains to the interpretation of the legal concept of "the same invention" in (i.e., a priority right claimed in a European patent application can only be enjoyed for "the same invention"). [1]

Table of Contents

  1. 9 relations: Amendments under the European Patent Convention, Appeal procedure before the European Patent Office, European Patent Convention, European Patent Office, Glossary of patent law terms, Patent claim, Person having ordinary skill in the art, Peter Messerli, Priority right.

  2. 2001 in Europe
  3. 2001 in case law
  4. Case law of the Enlarged Board of Appeal of the European Patent Office

Amendments under the European Patent Convention

Article 123 of the European Patent Convention (EPC) relates to the amendments under the EPC, i.e. the amendments to a European patent application or patent, and notably the conditions under which they are allowable.

See G 2/98 and Amendments under the European Patent Convention

Appeal procedure before the European Patent Office

The European Patent Convention (EPC), the multilateral treaty instituting the legal system according to which European patents are granted, contains provisions allowing a party to appeal a decision issued by a first instance department of the European Patent Office (EPO).

See G 2/98 and Appeal procedure before the European Patent Office

European Patent Convention

The European Patent Convention (EPC), also known as the Convention on the Grant of European Patents of 5 October 1973, is a multilateral treaty instituting the European Patent Organisation and providing an autonomous legal system according to which European patents are granted.

See G 2/98 and European Patent Convention

European Patent Office

The European Patent Office (EPO) is one of the two organs of the European Patent Organisation (EPOrg), the other being the Administrative Council.

See G 2/98 and European Patent Office

Glossary of patent law terms

This is a list of legal terms relating to patents and patent law.

See G 2/98 and Glossary of patent law terms

Patent claim

In a patent or patent application, the claims define in technical terms the extent, i.e. the scope, of the protection conferred by a patent, or the protection sought in a patent application.

See G 2/98 and Patent claim

Person having ordinary skill in the art

A person having ordinary skill in the art (abbreviated PHOSITA), a person of (ordinary) skill in the art (POSITA or PSITA), a person skilled in the art, a skilled addressee or simply a skilled person is a legal fiction found in many patent laws throughout the world.

See G 2/98 and Person having ordinary skill in the art

Peter Messerli

Peter Messerli was Vice-President of the European Patent Office (EPO) and head of the Boards of Appeal of the EPO known as DG3 (Directorate-General, 3, Appeals) from 1996 until his retirement at the end of November 2011.

See G 2/98 and Peter Messerli

Priority right

In patent law, industrial design law, and trademark law, a priority right or right of priority is a time-limited right, triggered by the first filing of an application for a patent, an industrial design or a trademark respectively.

See G 2/98 and Priority right

See also

2001 in Europe

2001 in case law

Case law of the Enlarged Board of Appeal of the European Patent Office

References

[1] https://en.wikipedia.org/wiki/G_2/98