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Following EPO presentation of the minutes of the Oral Proceedings earlier today, We have been in contact with BioPorto.
According to the information BioPorto have received – a wrritten explanation on the reasoning of the OD is under way. EPO have informed BioPorto that the explanatory note is to be received sometime next week.
BioPorto has promised to send out information about the reasoning to the interested parties (shareholders and market)… I expect that this will – at the very latest be a part of the Quarterly report due on the 25th.
Upon receiving documentation from EPO about the verdict – BioPorto have 4 months to make an appeal to The Technical Boards of Appeal (TBA). I expect that those 4 months will be used to the max… According to some then Abbott/Alere et al. have the right to counter BioPorto’s writ – however when I search the web – it looks as if that is not the case. The opponents are not “the old opponents” but the OD. quote: For instance, when “the order of the decision of the opposition division is the revocation of the patent, an opponent who requested revocation of the patent in its entirety is not “adversely affected by” said decision… irrespective of the reasons given in the decision.”
At the TBA Bioporto will face an entirely different examination board than the one at the Opposition Division. :
The Technical Boards of Appeals deals with appeals filed in relation to decisions reached by the first instance in the patent grant procedure, such as in this case OD (Opposition Division).
The Technical Board of Appeals is manned by two senior members with the relevant technical expertise as well as one juridical member.
The Technical Board of Appeals rule on questions relating to the previous granting of and opposition to Patents. The Board can issue an order that an opposed patent be maintained in its entirety or in part only, or that it is ultimately revoked.
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