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Journal of Intellectual Property Law & Practice Advance Access originally published online on July 25, 2007
Journal of Intellectual Property Law & Practice 2007 2(9):576-577; doi:10.1093/jiplp/jpm125
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© The Author (2007). Published by Oxford University Press. All rights reserved

Current Intelligence

Can you maintain a patent as granted after seeking maintenance of the patent in a more limited form?

David Rogers
Legal Member, Boards of Appeal
European Patent Office
Munich, Germany

T-0386/04 of 9 January 2007, Hydraulic drive system for construction machines—inter partes Board 3.2.03, European Patent Office, Boards of Appeal

This case concerns whether an appellant-patentee from a decision of the Opposition Division can, before the Board of Appeal, have as a Main Request the maintenance of the patent as granted even though the Main Request before the Opposition Division was for the claims in a more limited form.

Correspondence: Email: drogers{at}epo.org


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