• Double patenting at the European Patent Office
  • January 20, 2011 | Author: Claudio Germinario
  • Law Firm: SIB Societa Italiana Brevetti - Rome Office
  • Double patenting was considered so irrelevant and rare until recently that neither the 1973 nor the 2000 version of the European Patent Convention (EPC) included any explicit provision on the matter. While double patenting has increased in relevance, case law on the subject from the European Patent Office (EPO) remains contradictory, with decisions diverging on fundamental principles. However, growing interest in the subject may soon lead to a referral to the EPO ’s Enlarged Board of Appeal (EBA). This article, by former member of the EPO’s Board of Appeal Claudio Germinario, offers some preliminary considerations on aspects that might require clarification by the EBA.