by George Schlich | Mar 24, 2023 | EPO
The guidance is: in support of inventive step, yes, post-filed data can be used, if it relates to the same invention as disclosed in the original application. Summary of the Decision In summary, in support of inventive step in a claim in a European patent: • yes,...
by Juliette Boynton | Mar 22, 2023 | EPO
As we know, when claiming priority from an earlier application, one of the tests for a valid priority claim is that it relates to the “same invention”; this being essentially the same as the test for added matter and requiring a “direct and unambiguous” disclosure of...
by Sean Hutchinson | Feb 20, 2023 | EPO, UPC
We reported in our article of December 2022 that the start date of the Unified Patent Court (“UPC”) had been delayed yet again, this time in view of some difficulties many users were having with acquiring the authentication devices required to access the UPC’s Case...
by Carolyn Haywood | Jan 11, 2023 | EPO
Timeline of events The applicant filed a Petition for Review against the ‘decision’ of the Board of Appeal in T 0695/18 of 5 October 2021 not to consider their submissions of 29 September and 5 October 2021 respectively. The Petition for Review was based on (i)...
by Sean Hutchinson | Dec 21, 2022 | EPO
The EPO’s longstanding requirement for applicants of European patent applications to amend the description to bring this into conformity with the allowed claims before the EPO will grant a patent on the application has been the subject of much scrutiny over the last...
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