Background The case concerned Bristol-Myers Squibb’s (BMS) European patent No. 3288980, which was directed to the treatment of PD-L1-positive melanoma by administering nivolumab as a monotherapy. The patent had previously been revoked by the Opposition Division for...
In these proceedings the European Patent Office (EPO) Technical Boards of Appeal (TBA) revoked a patent owned by Husqvarna AB following an appeal brought by Brokk AB. With regard to assessing amendments for addition of matter under Article 123(2) EPC the TBA were...
Background For a long time, the EPO has required applicants to amend the descriptions of their European patent applications to bring these into conformity with the allowed claims before it will grant a European patent. However, in recent years the legal basis for the...
Admissibility: Should the Enlarged Board Answer at All? The first question in G 1/26 is procedural. The referring Board asks whether a referral is “required” under Article 112(1) EPC where the legal issue arises in the pending case but the Board has not...
Sequence Identity Claims After T 0137/24 The recent Board of Appeal decision in T 0137/24 provides useful guidance on how sequence identity claims are assessed under the EPC, particularly in relation to added matter and sufficiency. Biotech sequence-related claims are...
Summary of T 439/22 This decision represents a further development of the earlier T 439/22 proceedings, which led to the G1/24 referral to the EPO’s Enlarged Board of Appeal (EBA). The decision of the EBA was reported in our previous article. To recap, granted claim 1...
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