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CLR III H 4.2 Effects on the case law due to the differences between national legislation and the EPC

CLR III H 4.1 The duty of the boards of appeal to interpret and apply the EPC

In G 2/02 and G 3/02 (OJ 2004, 483) the Enlarged Board of Appeal recognised that, in accordance with the aim of the EPC, as expressed in its preamble, to strengthen co-operation between the States of Europe in respect of the protection of inventions, there has always been the intention to harmonise the substantive patent law to be applied in the Contracting States and in the EPO.

CLR III H 4 Impact of national decisions on the case law of the boards of appeal

4.1. The duty of the boards of appeal to interpret and apply the EPC

4.2. Effects on the case law due to the differences between national legislation and the EPC

4.3. National decisions: no binding effect on the boards of appeal

CLR III H 3 The European Convention on Human Rights

CLR III H 2.2 Elements to be taken into consideration by the boards of appeal

The issue of the application of TRIPS in the context of the EPC has been considered on a number of occasions by the boards of appeal of the EPO (see for instance G 1/97, OJ 2000, 322, T 1173/97, OJ 1999, 609, J 10/98).

CLR III H 2.1 General

CLR III H 2 Interpretation of the EPC affected by TRIPS Agreement

2.1. General

2.2. Elements to be taken into consideration by the boards of appeal

CLR III H 6 Implementing Regulations

CLR III H 5 Decisions of the Administrative Council: boards of appeal not formally bound

CLR III H 4.3 National decisions: no binding effect on the boards of appeal