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.