Journal Article

European Patent Office, Boards of Appeal: <i>res judicata</i> and divisional applications

David Rogers

in Journal of Intellectual Property Law & Practice

Volume 4, issue 11, pages 774-774
Published in print November 2009 | ISSN: 1747-1532
Published online September 2009 | e-ISSN: 1747-1540 | DOI:
European Patent Office, Boards of Appeal: res judicata and divisional applications

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The Board decided that when a Board had delivered a decision on the claims in a parent application, the decision on these claims was res judicata and it was not possible to pursue these decided claims further in a divisional application. An appeal based upon such claims was inadmissible.

Journal Article.  719 words. 

Subjects: Arbitration ; Intellectual Property Law

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