A recent example of this trend can be seen in the recent decision T 1193/23, where ChatGPT’s output was cited during the oral proceedings before the Board of Appeal. In this case, ChatGPT was used to interpret a term in the opposed patent claim to show how ‘a skilled...
Headnote Summary In case G 1/24, the Enlarged Board of Appeal of the European Patent Office (“EPO”) had been asked to answer the following questions: “Question 1 Is Article 69(1), second sentence, EPC and Article 1 of the Protocol on the Interpretation of Article 69...
It is generally accepted in the world of IP that all inventions fall into one of four categories: products, methods, apparatuses (i.e. products for carrying out specific processes), and uses. Thus, when drafting a new patent application, an important first step is to...
In order to obtain a patent, an invention must meet various criteria. One of the most important criteria is novelty, meaning that an invention must not be publicly disclosed before the patent application was filed. Disclosure may take many forms and includes...
Specifically, the closest prior art in this case taught that a higher concentration of a particular component of the composition was advantageous. The Patentee attempted to argue that the claimed composition was inventive over the art on the basis that the same...
Background The decision (UPC CFI 355/2023) of the UPC’s Düsseldorf Local Division relates to European patent EP 3594009, owned by Fujifilm. The patent was validated and remained in force in both Germany and the United Kingdom. Fujifilm initiated an infringement action...
Recent Comments