Classes, subclasses and post-grant amendments before the EPO

Classes, subclasses and post-grant amendments before the EPO

Narrowing a chemical class of compounds to a sub-class or to a specific compound can be a legitimate strategy for defending a patent before the European Patent Office. However, where the claim in question also defines the class in quantitative terms, such amendments may give rise to objections under Article 123(3) EPC. This article analyses situations in which such amendments may nevertheless result in an extension of the scope of protection, with reference to the relevant EPO case law.

Read More
On deciding where to start within the closest prior art – T 209/25

On deciding where to start within the closest prior art – T 209/25

This article discusses Board of Appeal decision T 209/25, which addresses how to select the correct starting point within the closest prior art when assessing inventive step at the EPO. The decision confirms that an embodiment directly and unambiguously disclosed in the prior art may serve as a viable starting point even if it is non-exemplified, less preferred, and disclosed only via a single selection.

Read More
‘Bonus’ effect under EPO practice

‘Bonus’ effect under EPO practice

The concept of a ‘bonus’ effect refers to a situation where inventive step is denied despite the presence of an unexpected technical effect. Although relatively rare, it has been applied in a number of decisions of the Boards of Appeal. Read more in the latest blog post.

Read More
More guidance on applying G 2/21 - T 1950/23

More guidance on applying G 2/21 - T 1950/23

T 1950/23 is a further decision applying the principles of G 2/21, addressing the assessment of compliance with its requirements and the circumstances in which post-published data may be relied upon in the evaluation of inventive step. Read more in the latest article.

Read More