Examples of using Same subject-matter in English and their translations into German
{-}
-
Colloquial
-
Official
-
Ecclesiastic
-
Medicine
-
Financial
-
Ecclesiastic
-
Political
-
Computer
-
Programming
-
Official/political
-
Political
Re-filing of same subject-matter.
Claim 2 cannot benefit from the priority of P1, as it does not concern the same subject-matter.
They must be for the same subject-matter and have the same scope.
In the judgment of the Board, in order to be novelty destroying the overlap between thedisclosures must be the result of an intersection of the same subject-matter;
The claims of the Swedish application were essentially in respect of the same subject-matter as the claims of the patent in suit.
And these provisional, including protective, measures will lapse only if the judgment given by the court havingjurisdiction to hear the case on the merits relates to the same subject-matter.
The board wouldnot wish to increase the number of proceedings in which the same subject-matter is being considered by various instances of the EPO.
RFees of a full or partial refund of the European search fee where the Officehas prepared an earlier search report on the same subject-matter.
The parent and divisional applications may not claim the same subject-matter, even in different words for further information, seeG‑IV, 5.4.
The reason given for the refusal was that the subject-matter of the present divisional application and that of the patent granted on the parent application overlapped andthat in the overlap region the same subject-matter was claimed twice.
However, it should beborne in mind that although some initiatives may regard the same subject-matter and contain some similar elements, they might not be identical.
Since, according to Article 87(1) EPC, a right of priority may be enjoyed for the same invention only, in deciding whether the patent in suit is entitled to claim the priority of any of those documents, it needs to be decided whether in any of those priority documents the same invention,ie the same subject-matter, is described as in the set of claims.
The examining division held that the claims of the parent and the divisional applications were directed towards the same subject-matter"in the sense that both these claims concern the same invention claimed in a different format.
The Commission considers it is clear that there has been a change in the facts which were regarded as having been established in 2001, which prevents the judgment in Case C-276/98 fromacquiring the force of res judicata in relation to new proceedings between the same parties which have the same subject-matter as the action which culminated in that judgment.
Headnote: I. Article 87(1)EPC does not provide for the possibility of filing several applications in respect of the same subject-matter and therefore of the same invention in one and the same country over the priority period on the basis of a single priority document.
The board, referring to the Enlarged Board's opinion which had rejected an extensive or broad interpretation making a distinction between technical features which are related to the function and effect of the invention and technical features which are not, concluded that the subject-matter of claim1 could not be seen as the same subject-matter as that disclosed in the priority documents.
EPC 1973 made no provision for multiplefilings in the same country within the priority period for the same subject-matter and hence the same invention in conjunction with the same priority document.
Where it is clear that a still earlier application for the same subject-matter exists, and where the priority right is important because of intervening prior art(seeF‑VI, 2.1), the applicant should be required to establish by evidence from an appropriate authority(normally a national patent office) that there were no rights outstanding in the still earlier application in respect of the subject-matter of the application being examined.
By following the correct approach in law onpartial priority as set out in T 1222/11, the same subject-matter would always be accorded the same priority date.
The notion is more restricted in some States, requiring the same subject-matter, the same cause of action and the same parties, and broader in others, which require only the same cause of action and the same parties.
One common rule to apply in all Member States can be much simpler andmore efficient than a complex web of varying rules on the same subject-matter at national and regional level.
The fiction that the subsequent application is deemed to have been filed on the date of the first filing-to the extent that it relates to the same subject-matter as the first filing- provides a sort of barrier designed to prevent third parties from interfering with the applicant's right to obtain protection for the claimed subject-matter which it first disclosed in the previous application.
By its first two questions, which it is appropriate to examine together, the national court seeks to ascertain, essentially, whether Article 21 of the Convention must be construed as meaning that, in order to determine whether two claims brought between the same parties before thecourts of different Contracting States have the same subject-matter, account must be taken not only of the claims of the respective applicants but also of the grounds of defence raised by a defendant.
In addition, the board distinguished the present case, where claims 1 and 17 of the main request both belonged to the same category andvirtually included the same subject-matter, from the case in T 514/04 where the question posed was whether a ground of opposition raised against a claim to a process applied equally to a claim to a product produced by said process.
Copyright and protection by patents constitute two different means of legal protection which may, however,also cover the same subject-matter(eg programs for computers), since each of them serves its own purpose.
There is therefore nothing objectionable in the established EPO practice that amendments to divisional applications are objected to and refused,when the same subject-matter is claimed in the amended divisional application as in a pending parent application or a granted parent patent.
EPC and a Swiss-type claim directed towards the same therapeutic use of the same substance orcomposition were directed towards the same subject-matter"in the sense that both these claims concern the same invention claimed in a different format.
The basic patentability considerations in respect ofclaims for computer programs are in principle the same as for other subject-matter.
Since lack of noveltypresupposes the presence of all the claimed features in one and the same known subject-matter, it should at the very least have been indicated which of these three known subject-matters was prejudicial to the novelty of the contested patent.