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...
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...
Background Under G 1/92, a product on the market was not considered “available” as prior art under Article 54(2) EPC if the skilled person could not reproduce it without undue burden. This created a peculiar legal fiction: a product could be purchased yet legally...
As a reminder, following grant of a patent to Foreo AB an opposition was filed by Beurer GmbH, and during the pendency of the opposition, Foreo sent a letter to Geske GmbH & Co. KG accusing them of infringment and threatening action. Geske filed an intervention...
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...
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