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.
‘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.
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.
Non-reproducible commercial products and inventive step – T 1044/23
In T 1044/23, the Technical Board of Appeal of the EPO applied the principles of G 1/23 in the context of inventive step. Read more in our latest blog post.
Priority entitlement and sufficiency of disclosure – T 883/23
T 883/23 serves as a reminder that compliance with the requirement of “the same invention” of Article 87(1) EPC is not merely a matter of direct and unambiguous disclosure; notably, the claimed subject matter must have also been sufficiently disclosed in the earlier application. Read more in our latest blog post.
T 1847/23 - technical effect not taken into account in view of G 2/21
T 1847/23 demonstrates how application of G 2/21 could differ between different instances of the EPO; in the present case, the Opposition Division found in the favour of the patentee, while the Board took a stricter approach and did not allow the patentee to rely on the purported technical effect in question. Read more in the latest article.