Return to site

Inadmissibility of Appeal Due to Missing Grounds

T 1293/18

· EPO,EPOAppeal,InadmissibleAppeal,PatentProcedure,PatentAppealDeadlines

Introduction

In decision T 1293/18, the Board of Appeal of the European Patent Office ruled on the admissibility of an appeal filed by Proteus Digital Health, Inc. The appeal was ultimately rejected due to the failure to file the statement of grounds, as required by Article 108 EPC. This decision emphasizes the importance of complying with procedural requirements in appeals, specifically the timely submission of necessary documents.

Summary of the Invention

The patent in question, EP 07776655.8, relates to a system for providing patient-customized therapeutic regimens. The invention involves the use of digital technologies to monitor patient adherence to prescribed treatment protocols, with the goal of improving therapeutic outcomes. The system includes a combination of sensors, communication devices, and software to track medication intake and other patient data in real time, facilitating more personalized medical care.

Summary of the Decision

The appellant, Proteus Digital Health, filed an appeal against the decision of the Examining Division, which had refused the European patent application No. 07776655.8 under Article 97(2) EPC. However, no statement of grounds of appeal was filed within the period stipulated by Article 108 EPC, which requires the grounds to be submitted within four months of notification of the decision. The Board had sent a communication to the appellant informing them that the appeal might be deemed inadmissible unless the grounds were filed within two months. The appellant did not respond to this communication, nor did they submit the grounds in time.

The opponent argued that the appeal should be dismissed outright due to the procedural flaw, while the patentee initially requested an oral hearing but failed to follow through by submitting the required grounds of appeal.

Ultimately, the Board of Appeal dismissed the appeal as inadmissible, citing Rule 101(1) EPC, which allows the rejection of an appeal if the grounds of appeal are not filed within the given timeframe.

Lessons to be Learned

This decision serves as a reminder of the strict procedural requirements set out by the EPC. The failure to comply with deadlines, particularly the submission of a statement of grounds, will result in the rejection of an appeal. Applicants and their representatives should be diligent in adhering to these timelines to avoid automatic dismissal of appeals.

 

Contact

If you have any questions concerning intellectual property issuesor need assistance with patent applications, oppositions, or appeals, please do not hesitate to contact us at Novitech IP. Our team of experienced professionals is here to provide you with expert guidance and support. Reach out to us today to discuss how we can help protect your innovations and navigate the complexities of IP law.

To stay informed about the latest reviewsand updates in IP law, subscribe to our blog. Join our community and receive notifications whenever we publish new reviews and insights on important case law and developments in the field of intellectual property.

Legal Disclaimer

The information provided in this blog post is for generalinformational purposes only and does not constitute legal advice. The summary and analysis of the EPO case are based on publicly available information and are intended to offer insights into the decision and its implications. This content should not be used as a substitute for professional legal advice tailored to your specific circumstances. For advice related to any specific legal matters, you should consult a qualified attorney.