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Difference between revisions of "EPO EBoA referral G3-08"

m (moved EPO EBA referral G3-08 to EPO EBoA referral G3-08: everyone else abbreviates it as EBoA)
('''Referral G3/08''' is a set of questions sent by the president of the European Patent Office the the office's Enlarged Board of Appeals (EBoA). It is also called '''the Brimelow referral''', af)
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:''Breaking news: [http://news.swpat.org/2010/05/epo-patents-review-inadmissible/ EPO rules own software patents review inadmissible]''
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'''Referral G3/08''' is a set of questions sent by the president of the [[European Patent Office]] the the office's Enlarged Board of Appeals (EBoA). It is also called '''the Brimelow referral''', after the then-president Alison Brimelow. The questions concerned the EPO's interpretation of Article 52 of the [[European Patent Convention]] regarding [[software patents]].  The EBoA responded in May 2010 that there was nothing in the questions that they were able to answer.  The questions posed were all "inadmissible".
  
In October 2008, the president of the [[European Patent Office]] referred question "'''G3/08'''" - also called '''the Brimelow referral''' - to the EPO's Enlarged Board of Appeals.  The purpose was to ask for clarifications for interpreting the exclusion of "programs for computers" from patentability under Article 52 of the [[European Patent Convention]].<ref>http://www.epo.org/topics/news/2008/20081024.html</ref>  As part of the referral process, a public consultation was held which ended on April 30th 2009.<ref>http://documents.epo.org/projects/babylon/eponet.nsf/0/B89D95BB305AAA8DC12574EC002C7CF6/$File/G3-08_en.pdf G3/08</ref>
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A public [[consultation]] was held in early 2009 as part of the consultation process. (see [[Briefs submitted to EPO EBoA G3-08]])
  
You can see the submitted briefs here: '''[[Briefs submitted to EPO EBA G3-08]]'''.
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==Questions of partiality==
  
For the previous discussions on how best to reply to the public consultation (now closed), see '''[[EPO G3-08 brainstorming]]'''.
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One amicus brief questioned the partiality of the board,<ref>http://documents.epo.org/projects/babylon/eponet.nsf/0/24132F14CDCF83F9C12575AD002AF47D/$File/G3-08_amicus_curiae_brief_Schulz_de.pdf</ref> but the EPO disagreed and decided not to change the composition of the board.<ref>http://documents.epo.org/projects/babylon/eponet.nsf/0/A29F9A464FCDEB05C12576620035166B/$File/G00003_08_interlocutory_en.pdf</ref>
  
==Questions of partiality==
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==Related pages on {{SITENAME}}==
  
One amicus brief questioned the partiality of the board,<ref>http://documents.epo.org/projects/babylon/eponet.nsf/0/24132F14CDCF83F9C12575AD002AF47D/$File/G3-08_amicus_curiae_brief_Schulz_de.pdf</ref> but the EPO disagreed and decided not to change the composition of the board.<ref>http://documents.epo.org/projects/babylon/eponet.nsf/0/A29F9A464FCDEB05C12576620035166B/$File/G00003_08_interlocutory_en.pdf</ref>
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* [[EPO G3-08 brainstorming]] - where [[ESP]] posted suggested responses
  
 
==External links==
 
==External links==

Revision as of 10:31, 14 May 2010

Referral G3/08 is a set of questions sent by the president of the European Patent Office the the office's Enlarged Board of Appeals (EBoA). It is also called the Brimelow referral, after the then-president Alison Brimelow. The questions concerned the EPO's interpretation of Article 52 of the European Patent Convention regarding software patents. The EBoA responded in May 2010 that there was nothing in the questions that they were able to answer. The questions posed were all "inadmissible".

A public consultation was held in early 2009 as part of the consultation process. (see Briefs submitted to EPO EBoA G3-08)

Questions of partiality

One amicus brief questioned the partiality of the board,[1] but the EPO disagreed and decided not to change the composition of the board.[2]

Related pages on ESP Wiki

External links

epo.org links

After receiving the responses to the consultation, the EPO published information to repeat its claim that it doesn't grant software patents:

Third-party articles

Reactions to the May 2010 decision

References