Following the issuance of G 2/21 last year, we asked whether the plausibility elephant had left the room. Our Kluwer colleague and friend Miquel Montañá discussed this issue more recently here…
The concept of plausibility has caused great controversy in European patent law in recent years. It was hoped that the decision of the Enlarged Board of Appeal (EBA) of the EPO in G 2/21 would bring…
As readers of this blog will be aware, the EPO applies a quite peculiar and unique method to the analysis of inventive step, the "problem-solution approach". This approach breaks the statutory…
As was rightly noted on this blog, the skilled person's "hope" of solving the objective technical problem using the means that led to the (later claimed) invention, has disappeared from the…
The EPO’s Problem-Solution-Approach is, on the face of it, simple and widely applied also in the national jurisprudence of the EPC member states. It starts with the determination of a “closest prior…
The number of inventive step attacks in opposition procedures at the European Patent Office may be constrained in the future due to a recent change in the EPO Guidelines. According to David Brophy,…
Suppose you are a (patent) attorney in a pharmaceutical company and want to advise your company how to best protect the results of a clinical trial designed to find out the best possible treatment…
In a recent decision by the Danish Maritime and Commercial Court, the issue was whether a technical feature may consist in information attached to an object if such information increases the…
In a recent decision, the Danish specialty court for inter alia patents, the Maritime and Commercial Court, demonstrated its ability to render an in-depth analysis and reasoned decision in a patent…
