EPO decision on exclusion of methods of business research from patentability, requirement of technical character of an invention

This case concerns the exclusion of business research methodsfrom patentability and the fact that, even though claims canconsist of a mixture of technical and non-technical features,novelty and inventive step can only be based on technical features.     

Adding subject matter by deleting from claim

This case concerns a situation where a deletion of text froma claim amounted to an extension of the patent beyond the contentof the application as originally filed. The Board drew a distinctionbetween deleting text and adding text when applying Art 123(2)EPC.     

Significant 2005 case law on the Community trade mark from the Court of First Instance, the European Court of Justice and OHIM

Legal context. Each year the ECJ and CFI gives numerous judgmentsin trade mark matters that are of interest to trade mark practitionersthroughout Europe. This article identifies the most importantcases decided in 2005 relating to the major issues in trademark law. Key points. Issues covered relating to procedural questionsinclude the language regime, the duty of Boards of Appeal togive reasons for their decisions, the right of a party to beheard, etc. Numerous substantive issues are covered, relatingto both absolute and relative grounds. The article also containssome helpful annexes that set out some actual comparisons ofsigns and of goods & services that have been carried outby the Luxembourg courts.     

Bone weathering patterns of metatarsal v. femur and the postmortem interval in Southern Ontario

Twenty-five defleshed pig femora and 25 metatarsals were placed outdoors and observed over 291 days to establish: (1) bone weathering patterns for use in estimating time since death in Southern Ontario and (2) whether larger (femora) or smaller (metatarsals) bones provide a better indicator of time since death. Pig hind limbs were observed to determine a timeline for decomposition of soft tissues during the fall and winter. Ambient air temperature, humidity, precipitation, sunlight, soil pH, and freezing and thawing were considered as factors affecting the breakdown of bone. Weathering patterns were observed based on the extent of bleaching, amount of periosteum and soft tissues present, as well as the appearance of greasiness, cracking and flaking of cortical bone. Both entomological activity and climatic conditions affected soft tissue decomposition. Animal activity affected both the process of bone weathering and soft tissue decomposition, causing variability in sample decomposition and bone breakdown. The variation in microenvironment, partially caused by soil composition, introduced variability in bone weathering rates. Four bone weathering stages were established based on patterns observed. Femora proved to be more resilient and showed more degrees of change due to weathering, thus proving to be a better indicator of time since death than metatarsals.