by David Eyre | Sep 8, 2026 | EPO
In these proceedings the European Patent Office (EPO) Technical Boards of Appeal (TBA) revoked a patent owned by Husqvarna AB following an appeal brought by Brokk AB. With regard to assessing amendments for addition of matter under Article 123(2) EPC the TBA were...
by Sean Hutchinson | Sep 4, 2026 | EPO
Background For a long time, the EPO has required applicants to amend the descriptions of their European patent applications to bring these into conformity with the allowed claims before it will grant a European patent. However, in recent years the legal basis for the...
by Sean Hughes | Jun 22, 2026 | EPO
Admissibility: Should the Enlarged Board Answer at All? The first question in G 1/26 is procedural. The referring Board asks whether a referral is “required” under Article 112(1) EPC where the legal issue arises in the pending case but the Board has not...
by Sean Hughes | May 11, 2026 | EPO
Sequence Identity Claims After T 0137/24 The recent Board of Appeal decision in T 0137/24 provides useful guidance on how sequence identity claims are assessed under the EPC, particularly in relation to added matter and sufficiency. Biotech sequence-related claims are...
by Alyson Lam | Apr 29, 2026 | EPO
Summary of T 439/22 This decision represents a further development of the earlier T 439/22 proceedings, which led to the G1/24 referral to the EPO’s Enlarged Board of Appeal (EBA). The decision of the EBA was reported in our previous article. To recap, granted claim 1...
by Sean Hutchinson | Feb 10, 2026 | EPO
Background The Enlarged Board of Appeal’s decision in G 1/23 caused a significant change in practice at the European Patent Office (“EPO”), resulting in a product made publicly available before the priority date which the skilled person could not have reproduced now...
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