There’s an alternative, and then there’s an ‘alternative’ - T 1468/23
In T 1468/23, the EPO’s Board of Appeal overturned the reasoning of the Opposition Division on inventive step after reassessing the comparison between the claimed invention and the closest prior art. Read more in the latest blog post.
Added subject matter, unclear parameters - T 1184/23 and T 1440/23
Two recent decisions from the EPO’s Technical Board of Appeal (T 1184/23 and T 1440/23) highlight the complexities of drafting, prosecuting and defending chemical patent applications with parametric definitions in the claims. Our latest article explains the key takeaways from both cases, offering practical guidance for applicants navigating clarity and added subject matter requirements before the EPO.
Parameters and (in)sufficiency of disclosure – T 2009/23
In T 2009/23, the Board of Appeal of the European Patent Office found that a key parameter in the main independent claim could not be reliably determined, leading to fatal insufficiency of disclosure. Learn more in our latest article.
G 1/23 - reproducibility not a requirement for a commercial product to be prior art
The Enlarged Board of Appeal finds in G 1/23 that non-reproducible commercial products are part of the state of the art. Learn the key takeaways here.