Dossier 99105948 with comments for application number EP0927945
All this stuff (but a lot of it in German) is online at
http://ofi.epoline.org/view/GetDossier?dosnum=99105948#
Below some commentary...
Dramatis personae:
- - European Patent Office (EPO) - Gesellschaft für Informatik (GI)
- Kiani & Springorum (KS) representing GI
- Grünecker, Kinkeldey, Stockmair & Schwanhäuser (GKSS) representing amazon - Fleurop
- Hepp Wenger Ryffel AG (HWR) representing Fleurop, their main author is Christoph Müller (http://www.hepp.ch/mueller.html)
What has happened so far:
In August GI attacked the patent on grounds of subject matter and inventive step. In September Fleurop attacked the patent on grounds of subject matter and inventive step as well as widening of claims after the initial application. On 29 Sept and 20 December Fleurop submitted prior art. Fleurop paid the fee on 29 Sept. GI has submitted opposition and fee on 16 january 2004. The patent was published 23 April 2003, so the opposition period expires end of 23 January 2004.
Individual files and some comments on them:
(01) 2003-08-27 Authorisation of representative Opposition 2 pages: fax in which the Gesellschaft for Informatik (GI) authorizes patent lawyers Kiani & Springorum (KS) to represent them
(02) 2003-08-27 Notice of opposition Opposition 2 pages: fax in which KS opposes the patent due to "lack of patentability art 100 a EPC, especially
- - absence of an invention in sense of art 52 paragraph 2 c EPC - and due to lack of inventive step art 100 a EPC"
(03) 2003-08-30 Authorisation of representative Opposition 2 pages: orignal letter (not fax) of (01)
(04) 2003-08-30 Notice of opposition Opposition 4 pages: original letter (not fax) of (03) plus one version with the hand-written remark 99105948.6 giving the dossier its name
(05) 2003-09-12 Communication of a notice of opposition Opposition 1 page: EPO informs Grünecker, Kinkeldey, Stockmair & Schwanhäuser (GKSS) of the communication of opposition
(06) 2003-09-17 Brief communication Opposition 1 page: EPO now sends (03) to GKSS (cover letter), see (12)
(07) 2003-09-29 Patent document cited during the opposition procedure Opposition 21 page: US patent 5555496, see (12)
(08) 2003-09-29 Patent document cited during the opposition procedure Opposition 1 page: Japanese patent 04153795A, see (12)
(09) 2003-09-29 Patent document cited during the opposition procedure Opposition 12 pages, US patent 5737729, see (12)
(10) 2003-09-29 General authorisation Opposition 2 pages: Fleurop authorizes Hepp Wenger Ryffel AG (HWR) as representative, see (12)
(11) 2003-09-29 Document concerning fees and payments Opposition 1 page: Fleurop asks the EPO to debit EUR 610 for the opposition from their account, see (12)
(12) 2003-09-29 Notice of opposition Opposition 19 pages: this is where the beef is!, HWR attacks the patent on ground of
- - not being patentable according to 52 c EPC (pp. 11-13) - lack of inventive step according to Art 100 a EPC and article 56 EPC (pp. 13-19): here the patents (07), (08), (09) are used - the subject of the patent is larger than in the application that had originally been submitted (Art 100 c EPC, Art 123(2) EPC) (pp. 5-10), from this also a change of the priority date (pp. 10-11) from 12 september 1997 or 23 march 1998 to 11 september 1998 (this is priority change only actually affects (09) which otherwise would not be usable).
(13) 2003-10-20 Communication of a notice of opposition Opposition 1 page: EPO informs GKSS of (07)-(12)
(14) 2003-10-20 Communication indicating deficiencies in the notice of opposition which may be remedied within the opposition period Opposition 2 pages: EPO informs GKSS that the opposition fee for the opposition by GI (01)-(04) has not yet been paid
(15) 2003-12-20 Non-Patent Literature cited during the opposition procedure Opposition 2 pages: printout of Fleurop accounting correspondence from 1996 showing that Fleurop made money from web based flower shop in 1995-96
(16) 2003-12-20 Non-Patent Literature cited during the opposition procedure Opposition 9 pages: printout of Fleurop web shop pages from 1995 (includes online ordering form) "In our shop you can order many different bouquets of flowers. You can send them to sb in Germany. You can either first view a big picture of bouquet or arrangement or make your ordering immediately by pressing a button"
(17) 2003-12-20 Letter regarding the Opposition procedure (no time limit) Opposition 2 pages: cover letter for (15) and (16) by HWR: "Obtaining a physical delivery address for the delivery of a goods is neither an objective technical task nor are technical means being used for the solution of this task; on the contrary, obtaining a delivery address via an email address is a necessary trivial step in a business operation. According to the Internet presence of Fleurop according to E4 the said patent lacks inventive step according to art 56 EPC."
(18) 2004-01-16 Brief communication Opposition 1 page: EPO informs GKSS of (15)-(17)
(19) 2004-01-16 Brief communication Opposition 1 page: EPO informs KI of (15)-(17)
(20) 2004-01-16 Filing of a new opposition Opposition 24 pages:
(21) 2004-01-16 Patent document cited during the opposition procedure Opposition 37 pages:
(22) 2004-01-16 Non-Patent Literature cited during the opposition procedure Opposition 1 page:
(23) 2004-01-16 Non-Patent Literature cited during the opposition procedure Opposition 1 page:
(24) 2004-01-16 Non-Patent Literature cited during the opposition procedure Opposition 12 pages:
(25) 2004-01-16 Non-Patent Literature cited during the opposition procedure Opposition 61 pages:
(26) 2004-01-16 Brief communication Opposition 1 page:
(27) 2004-01-16 Brief communication Opposition 1 page:
Holger's 2c of prior art (www.deja.com):
From: Peter A.M. Oude Ophuis (poo AT diva DOT nl) Subject: Gezocht: Internet Systeembeheerder/Ontwikkelaar Newsgroups: nl.markt.banen Date: 1996/08/22
From: Klaas Hermann Schreiber (KlaasH.Schreiber AT DiVa DOT nl) Subject: test: twee stageplaatsen bij innovatieve Internet professionals Newsgroups: nl.test Date: 1996/10/25
Een van de meest succesvolle projecten is de ontwikkeling van de Fleurop Internationale Bloemen Bestelsite waar interactie daadwerkelijk vertaald is in transactie. Met het aanbieden van I-PAY als nieuwste betaalvorm wordt ingespeeld op de nieuwste ontwikkelingen op dit terrein. --> On of the most successful projects is the development of the Fleurop International Flower Ordering site where (user) interaction is effectively translated into (business) operation. With the offering of I-PAY as newest payment method the newest development in this area are anticipated.
