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The EPO's Rules of Procedure of the Boards of Appeal (RPBA) establish strict criteria for late amendments during oral proceedings. Article 13(2) RPBA states that such changes are generally not accepted unless justified by "exceptional circumstances".
In a key case, the Board ruled that a mere change in claim interpretation leading to a new objection did not meet the threshold for exceptional circumstances unless directly relevant to the final decision.
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Starting from April 1, 2024, there will be changes to the fees for European patent applications.
These changes will introduce a new scheme specifically designed to reduce fees for micro-entities.
The aim of this new scheme is to assist smaller and less experienced European entities in accessing the European patent system more easily, thereby supporting their growth and development.
These fee reductions complement the existing support measures available to small and medium-sized entities (SMEs), particularly in terms of language-related fee reductions.
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The recent updates to the European Patent Office (EPO) Guidelines for Examination, set to take effect on March 1, 2024, bring forth several noteworthy changes, reshaping patent strategies.
One of the key updates concerns entitlement to priority. Following recent decisions from the Enlarged Board of Appeal (EBA), there is now a stronger presumption that applicants claiming priority are entitled to it, shifting the burden of proof to challengers.
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Last year, the European Commission proposed reforms to streamline the standard essential patent (SEP) process in the EU. SEPs cover technologies relating to technical standards for communication like 5G and Wi-Fi. The reforms aim to enhance transparency and negotiation pathways by assigning the European Union Intellectual Property Office (EUIPO) new responsibilities.
Feedback on the proposal was divided, with major SEP holders like Nokia and Ericsson expressing concerns over increased costs and uncertainties. Conversely, organizations representing patent implementers voiced support for the reforms.
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The SME Fund is a European Commission initiative implemented by the European Union Intellectual Property Office (EUIPO) and will run from 22 January 2024 to 06 December 2024. However, the SME Fund 2024 has limited funds, and if the funds are exhausted, applications will be closed before the indicated date.
The SME Fund provides financial support to small and medium-sized enterprises (SMEs) based in the European Union (EU) for the protection of their intellectual property (IP) rights. SMEs can apply for vouchers that will provide access to refunds of up to 75% of the official application fees for trademarks, designs, patents, and plant varieties, directly credited to the bank account.