EPO

EPO practice on added matter is famously strict, with many patents being revoked using this principle every year. Particularly pernicious during EPO opposition proceedings is the “inescapable trap” –…

T 1913/21 has received attention for nicely illustrating the difference between process claims and second non-medical use claims —a category of claims shaped by landmark Enlarged Board decisions G 2…

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…

Article 9(4) of Directive 2004/48/EC obliges Member States to ensure that courts may issue provisional measures, including injunctions, without giving prior notice to the defendant in certain…

G 1/24 addresses the extent to which the description can be used to interpret the claims. As previously discussed, it looks set to be one of the most consequential EPO decisions of the decade. The…

In case you missed it, here are the main points from the EPO Boards of Appeal Case Law Conference 2024. As ever, this was a really interesting event with lots of high quality presentations. Above all…

We have long meant to write something about the need, or the lack thereof, for adapting the description to amended claims. The announcement in the second preliminary opinion of Technical Board of…

1.       Preamble: The Iron Triangle In project management there is a law known as the Iron Triangle, which states that in delivering any project, there are three points on a metaphorical triangle:…

All in all, the EPO can rightly be proud of the high quality of the translations it currently offers to its users. Many of my clients have been using the EPO’s translation services when (part of) a…