Darren Smyth's time as IPKat guest blogger comes to an end

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July 2, 2012
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Elements

Partner Darren Smyth's role as one of the IPKat's guest bloggers has come to a conclusion after six months.

He will continue to post intermittently to the IPKat and more regularly to his Blog on EIP Elements. As his farewell post, Darren summarised selected EPO Boards of Appeal decisions from March to June.


Recent Case Reports

Closest Prior Art Not Quite Close Enough
29 May 2026
WIRPLAST v VILPE (UPC Munich, April 2026): a roof-fan disclosure was a fair starting point, but the patent for a through-roof ventilation pipe with a spirit level survived; the skilled person would not have leaped.
Transfer of costs application from Court of Appeal to Court of First Instance rejected
22 April 2026
The UPC Court of Appeal ruled that it lacks jurisdiction to assess costs applications and confirmed they must be filed at the Court of First Instance, rejecting a transfer request in Rematec v Europe Forestry.
Revocation of an independent claim does not automatically affect the validity of unchallenged dependent claims
21 April 2026
In Emporia v Seoul Viosys, the UPC Central Division confirmed that the revocation of an independent claim does not automatically affect the validity of unchallenged claims. The decision underscores the importance of challenging all relevant claims where full patent revocation is sought.