Background As reported in several of our earlier articles, it has long been the practice of the European Patent Office (“EPO”) to require the description of a European patent application to be amended upon allowance of the claims to ensure that the description does...
Headnote Summary In case G 1/24, the Enlarged Board of Appeal of the European Patent Office (“EPO”) had been asked to answer the following questions: “Question 1 Is Article 69(1), second sentence, EPC and Article 1 of the Protocol on the Interpretation of Article 69...
It is generally accepted in the world of IP that all inventions fall into one of four categories: products, methods, apparatuses (i.e. products for carrying out specific processes), and uses. Thus, when drafting a new patent application, an important first step is to...
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...
This issue was previously considered by the Enlarged Board in G3/04, who concluded that the Appeal could not be continued. The G3/04 decision notes that the status of an intervener is defined in Article 105 EPC which states:- Any third party may, in accordance with...
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