Wednesday 1 May 2013

T 2559/11 – Double Standard


As most people do not like to work on May Day, our post of the day shall be brief.

[7.5] The board has, in principle, some sympathy for the appellant’s argument that a remittal should not be ordered if a final decision was unlikely to be reached until after expiry of the patent (cf. e.g. T 249/93 [2.2]). However, this argument weighs less in the present case of a divisional application which was filed 5 years after the priority date.

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The file wrapper can be found here.

2 comments:

Anonymous said...

And I'm working on May Day...

Anonymous said...

According to OJ 1/2013: CH, DK, UK, IE, NL, and GR offices are open.