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G 1/23 confirms that products placed on the market before the effective date of a European patent application constitute prior art, regardless of whether they can be reproduced

G 1/23 confirms that products placed on the market before the effective date of a European patent application constitute prior art, regardless of whether they can be reproduced

by Carolyn Haywood | Sep 30, 2025 | EPO

Background to the referral The G 1/23 referral came from Board 3.3.03 in the consideration of T 0438/19, an appeal against the decision of an opposition division to reject an opposition against a European patent directed to a material for encapsulating a solar cell...
A Legal Framework for Considering Second Medical Use Claims at the UPC: Sanofi vs Regeneron

A Legal Framework for Considering Second Medical Use Claims at the UPC: Sanofi vs Regeneron

by David Eyre | Jun 10, 2025 | UPC

This case is part of the international proceedings between Sanofi and Regeneron in relation to the injected monoclonal antibody Repatha (“evolocumab”).   Repatha/evolocumab acts by targeting a protein called PCSK9 which binds to low density lipoprotein (LDL) receptors...
Safestand stands taller as Court of Appeal finds trestle designs valid

Safestand stands taller as Court of Appeal finds trestle designs valid

by Carolyn Haywood | Jun 3, 2025 | Designs & Copyright

Background The present decision stems from an appeal by Safestand against an order of the High Court declaring three of its UK registered designs (90002293490001 (“RRD 0001”), 90003121450004 (“RRD 0004”) and 90003121450005 (“RRD 0005”) (collectively, “the...
Landmark CJEU judgement opens up new avenues for European patent litigation

Landmark CJEU judgement opens up new avenues for European patent litigation

by Carolyn Haywood | May 1, 2025 | US & International

Background The subject CJEU referral stems from an action brought before the Swedish national court by BSH Hausgeräte GmbH (‘BSH’) against Electrolux AB (‘Electrolux’) seeking an injunction and damages with respect to the unlawful use of their invention protected by...
When it comes to Post Filed Data, the Earlier the Better – A Brief Reminder Following G 2/21

When it comes to Post Filed Data, the Earlier the Better – A Brief Reminder Following G 2/21

by | Apr 29, 2025 | EPO

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...
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