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,...
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...
Background In August 2022, Lite-Netics, LLC ‘Lite-Netics’, who sell string lights with magnets for attaching to a surface such as a roof edge during the Christmas period, brought an infringement action against Nu Tsai Capital, LLC d/b/a Holiday Bright Lights (HBL)...
In this decision the Hearing Officer noted that a marketing authorisation is focused on what a product is rather than what it does. Consequently, a change in how the authorised product is used does not alter the basis of the original marketing authorisation....
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...
Background Historically (pre-2019), a subrange was considered novel over the prior art if the following criteria were met (T198/84 and T279/89): a) The selected subrange is narrower than the known range; b) The selected subrange is sufficiently far removed from any...
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