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 proclamation, the Enlarged Board of Appeal (EBA) provides clear guidance on the fundamental issue of claim interpretation which has caused much…
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 antibody may generally be claimed by reference to its epitope, i.e. the structurally defined part of the antigen that it specifically binds to…
As spring turns to summer and the days grow longer across EPC Member States (and, in some cases, banish darkness entirely with the midnight sun!), many of us in the IP community eagerly await the release of the new Visser, now in its 33rd iteration! As always, this version includes numerous updates reflecting changes in…
On 9 January 2025 I reported on Parts 1 and 2 of a three-part article in EPI Information by Tamaris Bucher, a Principal Patent Attorney at Novartis Pharma AG, on the current approach to antibody patents at the EPO. In Parts 1 and 2, Bucher argued that Part G.II.6.2 of the EPO Guidelines, which starts…
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 therefore excited to hear about the recent launch of the EPO’s “legal interactive platform“, which provides information about patent…
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 years 2024/5, I read Parts 1 and 2 of an interesting three-part article in EPI Information by…
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, it is great to hear at first hand what the Board members themselves think of the hot topics at…
This is part II of an open letter directed to the President of the EPO in his capacity to give directions on the composition of Opposition Divisions. Article 19 EPC explicitly permits the Primary Examiner to be member of an Opposition Division. Many applicants and representatives, however, have a feeling of bias in favour of…
This is an open letter directed to the President of the EPO in his capacity to give directions on the composition of Opposition Divisions. Article 19 EPC explicitly permits the Primary Examiner to be member of an Opposition Division. Many applicants and representatives, however, have a feeling of bias in favour of the patentee before…
Becoming a European Patent Attorney is no trivial task. Candidates need to have a scientific or technical degree, work in one of the EPC member states and spend years on practical training to join our profession. After all this, they still need to pass the European Qualifying Examination (EQE) – arguably one of the hardest…
