Introduction to the Decision On 10 October 2023, the Enlarged Board of Appeal (EBA) of the European Patent Office (EPO) published its decision in combined referrals G 1/22 and G 2/22: “Entitlement to Priority”. The referrals arose in cases T2719/19 and T1513/17. While...
The Decision According to Article 72 EPC, the assignment of a European patent application must be made in writing and requires “the signature of the parties to the contract”. The question for the Legal Board of Appeal in J 0005/23 was whether the...
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 to the UPC The European Unitary Patent is intended to provide a further and more efficient option for enforcement of patent rights across the European Union. It is based on the European patent system which is overseen by the European Patent Organisation...
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