OJ EPO 2012, 212 - Notice from the European Patent Office dated 6 February 2012 concerning search and examination fees

On 1 April 2012 an Administrative Council decision enters into force:

CA/D 06/11 of 27 October 2011 (OJ EPO 2011, 616), introducing the fee adjustment, hereinafter referred to as "RFees 2012", and adjusting the amount of the reduction in the fee for the supple- mentary European search where the international search report (ISR) or supplementary international search report (SISR) was drawn up by one of the European International Searching Authorities

OJ EPO 2012, 276 - Decision of the Legal Board of Appeal dated 1 August 2011 J 21/09 3.1.01

(Translation)

COMPOSITION OF THE BOARD:

Chairwoman: B. Gnzel Members: T. Bokor, K. Garnett

Applicant: Bauer Maschinen GmbH Headword: Competence of the Legal Board of Appeal/BAUER MASCHINEN GMBH

Relevant legal provisions: EPC Article: 21(3)(a), (b) and (c), 106(2), 107, 108, 112(1)(a) Rule: 9(3), 44, 44(1), 62(1), 64(2), 71(3), 103(1) Article: 1(3), business distribution scheme of the technical boards of appeal Keyword: "Competence of the Legal Board of Appeal" "Further search fees not refunded" "Referral to the Enlarged Board of Appeal"

OJ EPO 2012, 348 - Decision of the President of the European Patent Office dated 20 April 2012 concerning the filing of documents by e-mail during interviews and oral proceedings held as a video-conference

The President of the European Patent Office,

Having regard to Rule 2 EPC,

Having regard to the need for a rapid means of transmitting documents during interviews and oral proceedings held as a video-conference

Having regard to the particular situation in video-conferences, and to the fact that the submission of documents by e-mail is to be referred to in the minutes under Rule 124 EPC as one of the essentials of the oral proceedings,

Has decided as follows:

OJ EPO 2012, 352 - Decision of the President of the European Patent Office dated 26 April 2012 concerning notifi- cation of representation changes by professional representatives

The President of the European Patent Office,

Having regard to Article 10(2)(a) and Rules 2 and 152 EPC,

Has decided as follows:

Article 1 Notification using the MyFiles service

OJ EPO 2012, 354 - Updated information from the European Patent Office dated 1 May 2012 concerning interviews and oral proceedings to be held as a video-conference 1

Applicants and their representatives can request that an interview or oral proceedings before an examining division be held as a video-conference. As from 1 May 2012, the EPO supports both ISDN and IP technology (SIP and H.323).

1. How to request a video-conference

OJ EPO 2012, 376 - Decision of the Enlarged Board of Appeal dated 30 August 2011 G 2/10

(Language of the proceedings)

COMPOSITION OF THE BOARD: Chairman: P. Messerli Members: B. Gnzel, A. S. Clelland, U. Oswald, B. Schachenmann, J.-P. Seitz, A. Wirn

OJ EPO 2012, 442 - Decision of the Administrative Council of 27 June 2012 amending Rule 53 of the Implementing Regulations to the European Patent Convention (CA/D 7/12)

THE ADMINISTRATIVE COUNCIL OF THE EUROPEAN PATENT ORGANISATION,

Having regard to the European Patent Convention (hereinafter referred to as "EPC") and in particular Article 33(1)(c) thereof,

On a proposal from the President of the European Patent Office,

Having regard to the opinion of the Committee on Patent Law,

HAS DECIDED AS FOLLOWS:

Article 1

1. Rule 53 of the Implementing Regula- tions to the EPC shall be amended as follows:

Paragraph 3 shall read as follows:

OJ EPO 2012, 448 - Decision of the President of the European Patent Office dated 31 May 2012 concerning the EPO Online Filing software to be used for the electronic filing of documents

Further to the decision dated 26 February 2009 concerning the electronic filing of documents 1, and having regard to Rule 2 EPC and Rule 89bis.1 and 2 PCT, the President of the European Patent Office has decided as follows:

Article 1 Software to be used for electronic filing

(1) Electronic filings in accordance with Article 5 of the above-mentioned deci- sion dated 26 February 2009 must be made using version 5 Service Pack 3.1 (build 5.0.0.057) or later releases of the EPO Online Filing software.

OJ EPO 2012, 468 - Communication from the Enlarged Board of Appeal concerning case G 2/12

In accordance with Article 112(1)(a) EPC, Technical Board of Appeal 3.3.04 referred the following points of law to the Enlarged Board of Appeal with inter- locutory decision of 31 May 2012 in case T 1242/06:

(1) Can the exclusion of essentially biological processes for the produc- tion of plants in Article 53(b) EPC have a negative effect on the allow- ability of a product claim directed to plants or plant material such as a fruit?

OJ EPO 2012, 472 - Decision of the Legal Board of Appeal dated 5 October 2011 J 8/10

(Translation)

COMPOSITION OF THE BOARD: Chairwoman: B. Gnzel Members: F. Blumer, E. Dufrasne

Applicant: N.N. Headword: n/a Relevant legal provisions: Article: 134(1), (2) and (8), 134a(1)(c) EPC Rule: 152(1), (2), (6), (10) and (11) EPC Keyword: "Legal practitioner as member of asso- ciation of representatives (no)"

Headnote As the rules on the filing of authorisations stand, a legal practitioner cannot be treated as a member of an association of representatives within the meaning of Rule 152(11) EPC.

Summary of facts and submissions