To be patentable in the UK, an invention must meet a patent eligibility requirement. Some inventions — including business methods and computer programs “as such” — are ineligible even if the invention is otherwise novel and inventive. For many years, UK eligibility...
Background The Enlarged Board of Appeal’s decision in G 1/23 caused a significant change in practice at the European Patent Office (“EPO”), resulting in a product made publicly available before the priority date which the skilled person could not have reproduced now...
In many countries, patents are granted for inventions and last for 20 years, subject to payment of renewal fees at regular intervals. However, some countries permit the patent term to be extended provided certain requirements are met. In the UK and the EU, a...
At its core, the decision reinforces a stringent US approach to patent sufficiency: if a patent specification does not clearly support and enable the full scope of the claims at the priority date, those claims are vulnerable, no matter how valuable the underlying...
To briefly recap the key events leading up to this decision, the US Supreme Court found a lack of enablement when assessing the PCSK9 antibody claims in Amgen’s US patent and the Munich Central Division of the UPC initially revoked the European equivalent based on...
Background The UPC Court of Appeal’s decision in Otec v. Steros provides an interesting insight into claim interpretation and the constraints on relying on post-filing experimental evidence at the UPC. The case, UPC Court of Appeal decision 579/2025, arose from a...
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