Admissibility: Should the Enlarged Board Answer at All? The first question in G 1/26 is procedural. The referring Board asks whether a referral is “required” under Article 112(1) EPC where the legal issue arises in the pending case but the Board has not...
Background The Claimant, Agathon, was the proprietor of a European patent relating to a mechanical system designed to improve alignment in industrial machinery. Particularly, the invention concerns the repeated opening and closing of heavy metal components where...
Background Before the UPC opened its doors on 1 June 2023, many proprietors of European patents were wary of litigating their patents in an as-yet untested forum. To address these concerns, the authors of the UPC Agreement (“UPCA”) decided to implement a 7-year...
Background: Long-Arm Jurisdiction The Unified Patent Court (“UPC”) was introduced as a central forum for enforcing European patents across the European Union (“EU”). However, not all EU Member States (e.g. Spain) signed up to the UPC Agreement (“UPCA”), and some...
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...
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