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...
This recent example involves Nvidia’s attempt to secure a patent for methods of playing a video game that uses AI technology. In assessing this case, the UKIPO considered key issues surrounding patentability, offering valuable insight into how such inventions are...
In a further development, T1849/23 has become the first case where clear claim language is broadened by definitions and/or embodiments provided in the description. Background T 1849/23 concerned an appeal filed by Alois Kober GmbH, the Opponent, against the Opposition...
Background The growing use of artificial intelligence (“AI”) has had a significant impact on many parts of our daily lives, and patent law is no exception. Those interested in this subject will know that a patent applicant by the name of Dr Stephen Thaler once...
In district court litigation, patents can be challenged on any ground, and challenges may be based on any kind of prior art recognised by the patent statutes. Inter partes review (IPR) proceedings are, however, different. They are administrative proceedings in which...
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