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 art document” (CPAD) which is to serve as the starting point of the further analysis. It is then evaluated which technical differences exist…

This recent decision from an EPO Board of Appeal is a rather satisfying development in how patentability (especially novelty) of purity claims is assessed at the EPO.  This case may be seen as patentee-friendly, particularly for the pharmaceutical sector, as it likely extends protection for APIs.  It will become especially important to review this case…

The European Patent Office ‘will consider possible next actions’ together with the EPO Member States after a high-profile decision of a Board of Appeal earlier this week, concerning the patentability of plants. In case T 1063/18, the BoA decided that EPC Rules which were introduced by the EPO Administrative Council in 2017 to exclude plants…

Plants which are produced according to essentially biological processes need to be held patentable, despite EPO Guidelines which were introduced in 2017 to exclude them from patentability. The EPO Board of Appeal came to this remarkable decision earlier today in case T 1063/18. By Frits Michiels and Bart van Wezenbeek Those who thought that the…

T0969/14 is the latest in a long line of decisions which make it clear that the EPO Boards of appeal will not accept late filed requests which could have been filed in first instance proceedings, whether or not the submission of such requests might be perceived as a procedural abuse. One of the consequences of…

An EPO board of appeal expressed its opinion that EBA case law implied that no further use should be made of the three-part “essentiality test” of T 331/87, for deciding whether removal of a feature from a claim complies with article 123(2) EPC. The only test endorsed by the EBA was the “gold standard”. The…

A board of appeal of the European patent office held that a decision to reject an opposition with grounds based on an improperly corrected version of the patent as granted maintains the text used in the decision to grant, without the corrections. A decision of the examining division to correct the text after grant by…

The enlarged board of appeal (EBA) of the European patent office effectively ended the possibility of poisonous priority. The EBA held that entitlement to partial priority may not be refused for a claim encompassing alternative subject-matter by virtue of generic expressions (generic “OR” claims) if the priority document discloses part of that subject matter in…

The Board of Appeal decided that the invention was not sufficiently disclosed, as no seeds had been deposited and a skilled person could not obtain the claimed plants on the basis of the information in the application. More specifically, it was not possible for the skilled person to ascertain what the parental strain “Capsicum annuum…