tag:blogger.com,1999:blog-5574479.post6185589427084294786..comments2024-03-29T12:23:31.959+00:00Comments on The IPKat: Court of Appeal grapples with novelty of overlapping ranges in Jushi v OCVVerónica RodrÃguez Arguijohttp://www.blogger.com/profile/05763207846940036921noreply@blogger.comBlogger3125tag:blogger.com,1999:blog-5574479.post-49796399842186352112018-07-05T20:08:44.551+01:002018-07-05T20:08:44.551+01:00MaxDrei
I fear in the UK v EPO rivalry the EPO is...MaxDrei<br /><br />I fear in the UK v EPO rivalry the EPO is dominant with the UK grudgingly following. I am sure the EPO will seldom pay any attention to UK decisions, and so in that sense it is more a Master-Slave dialectic (https://en.wikipedia.org/wiki/Master%E2%80%93slave_dialectic) or worse.<br /><br />Whilst UK decisions are interestingly written, they have less and less influence in a world where rising to the top of one's regional power block is more important than one's ingenuity. Interestingnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-59379754912726017942018-07-04T10:23:01.544+01:002018-07-04T10:23:01.544+01:00For me, this is a fine example of different jurisd...For me, this is a fine example of different jurisdictions helping each other to feel their way forward under the substantive provisions of patentability/novelty of the EPC. I like it, when the jurisprudence of English law, and that of the Boards of Appeal, converges, despite the gulf of difference between them in how they assess evidence of fact.<br /><br />It seems to me that, because of rivalry between EPC jurisdictions, progress under the EPC is almost Darwinian, survival of the fittest legal logic. Keeping novelty distinct from obviousness is easier said than done but here again, Europe leads the way, thanks to the EPC, Art 54(3).<br /><br />Where else in the world, outside Europe, is there so much legal certainty, what is patentably novel, and what is not? Why, in the USA, they seem not yet to have got as far as considering elementary quesations about novelty, like whether D1 is to be construed as of its date of publication, or as of the day before the date of the claim.<br /><br />Bravo, Floyd, LJ.Max Dreihttps://www.blogger.com/profile/03338443708960801180noreply@blogger.comtag:blogger.com,1999:blog-5574479.post-17616142698458292802018-07-03T19:43:42.281+01:002018-07-03T19:43:42.281+01:00On numerous occasions, EPO decisions have (usually...On numerous occasions, EPO decisions have (usually when UK practitioners have argued on the basis of EPO case law) stated that, unlike Anglo-Saxon jurisprudence, the instances of the EPO are not bound by precedent case law, but only by the provisions of the EPC. Therefore there appears to be no good reason why the UK courts should feel obliged to follow EPO case law when such case law does not bind the EPO itself. Ex-examinernoreply@blogger.com