EPO Decision

 G 1/24 has now been issued, and concludes “The description and any drawings are always referred to when interpreting the claims, and not just in the case of unclarity or ambiguity.” With this simple…

Defining antibodies by functional features is not always straightforward at the EPO. T326/22 is a nice example of how this can be achieved.       To briefly recap the standard EPO approach, an…

One critical factor in developing generative AI is access to a large amount of well-structured data. As such, the EPO is sitting on a goldmine when it comes to AI tools for patent law. I was…

The festive period normally leads to a slight slow-down in work in Europe and as such, it can provide the opportunity to catch up on wider reading as well as to grab a little rest.  In between the…

UPC 252/2023 NanoString v Harvard ACT_551180/2023 (UPC_CFI_252/2023) The UPC’s Munich Central Division has recently issued its decision revoking Harvard’s EP 2794928 B1 (“the Patent”) in DE, NL, and…

The recently released judgment in J1/24 (relating to EP 3660979B1), from the Legal Board of Appeal at the European Patent Office (EPO) is a divisive judgment, which could potentially have far…

On 28 May 2024, the UPC Court of Appeal (in decision UPC_CoA_22/2024) upheld a decision of the Court of First Instance, Central Division (Paris Seat) not to stay revocation proceedings before the UPC…

It is well known that the EPO Boards of Appeal take a strict line on admissibility of new elements of the appeal case under Articles 12 and 13 RPBA. But if the request to hold new elements…

As William Blake put it in Auguries of Innocence, written in 1803 but not published until 1863, "A Robin Redbreast in a cage, puts all heaven in a rage". So did the ill-crafted concept of…