Friday, 13 October 2017

T 0231/13 - no inventor needed, a professional representative is enough


At the opening of the oral proceedings their postponement was requested, because one of the inventors, who wished to accompany the professional representative, could not be present due to serious illness that required medical intervention. This was proven by a medical certificate dated 28 July 2017 and filed during the oral proceedings. The applicant submitted that the request for postponement could not have been made before because the need for medical intervention had been sudden and the representative had been informed of it only the evening before the oral proceedings. The Board denied the request, as it was not made as soon as possible, and because the party was duly represented. 

Tuesday, 10 October 2017

T 1204/12 - Stern but fair?

The city 'Brusque' in Brazil

In this examination appeal, the invention relates to the entering and setting of an 'availability status' in a 'Push-to-talk' application in a mobile communication device, with the independent method claims defining the associated data processing. Unfortunately for the applicant-now-appellant, the Board of Appeal quickly 'strips away' the semantic meaning of the data (e.g. 'alert status') and the data processing entities ('server', 'communication device'), to conclude that the invention merely pertains to 'storing/transmitting the data on/to different computers'. Any remaining feature+effect combinations are swept off the table as 'obvious'.

The claim of the main request:

1. A method of establishing a user communications availability in an application (206) operative on a mobile communications device (200), the method comprising:

determining an alert status associated with the mobile communications device (200);

responsive to the determination of the alert status being in a first state, presenting to a user a first plurality of options, each of the first plurality of options corresponding to establishing the user communication availability in the application with a status applicable to said application (206);

responsive to the determination of the alert being in a second state, presenting to the user a second plurality of options having at least one option different from the first plurality of options, each of the second plurality of options corresponding to a user communication availability with a different status applicable to said application (206);

receiving a selection from the user of an option from said first or second plurality of options;

responsive to said selection of the option from said first or second plurality of options, auto­matically establishing and setting, at the mobile communications device, the status of the user communication availability in said application (206) in accordance with the status corresponding to the selected option; and

sending the status of the user communication availability in said application to a server (114), wherein the sending causes the server (114) to transmit an availability status representative of the status of the user communication availability in said application to at least one other mobile communications device associated with said application.

Thursday, 5 October 2017

T 2016/16 - All due care: assistant well-trained but not properly instructed/ not properly supervised by the patent attorney

The applicant timely filed a notice of appeal and paid the appeal fee. However, the applicant missed the 4-month period to file the grounds of appeal, because the 4-month period had never been recorded in the internal electronic docketing system.  With the late-filed statement of grounds, the applicant filed a request for re-establishment of rights in respect of the time limit for filing the statement of grounds of appeal was filed and the prescribed fee was paid. A well-trained, competent and experienced assistant, who has the CIPA Patent Administrator Qualification had overlooked to record the 4-month period and the responsible patent attorney did not think to check whether the period for filing the grounds of appeal had been logged in the docketing system. The Board concluded that, even with a system of double checking in place, the representative is not discharged from his or her duty to properly instruct and supervise the assistant (cf. T 1465/07, reasons 18, last paragraph). In the case at hand, the appellants have not shown that the assistant was properly instructed or that she was properly supervised. Thus, the appellants have not discharged their burden to prove the existence of a normally satisfactory monitoring system. The omission from the docketing system of the time limit for filing the statement of grounds can therefore not be said to equate to an isolated mistake in a normally satisfactory monitoring system. The request for re-establishment of rights is to be refused.

Statcounter