EPO Archives - Page 3 of 23

Use Claims Can be Method Claims in Disguise, says the EPO

by Sean Hutchinson | May 20, 2025 | EPO

It is generally accepted in the world of IP that all inventions fall into one of four categories: products, methods, apparatuses (i.e. products for carrying out specific processes), and uses. Thus, when drafting a new patent application, an important first step is to...

Who/What Can You Trust To Keep A Secret…?

by Alex Bajjon | May 6, 2025 | EPO, UK, US & International

In order to obtain a patent, an invention must meet various criteria. One of the most important criteria is novelty, meaning that an invention must not be publicly disclosed before the patent application was filed. Disclosure may take many forms and includes...

When it comes to Post Filed Data, the Earlier the Better – A Brief Reminder Following G 2/21

by | Apr 29, 2025 | EPO

Specifically, the closest prior art in this case taught that a higher concentration of a particular component of the composition was advantageous. The Patentee attempted to argue that the claimed composition was inventive over the art on the basis that the same...

UPC Patent Enforcement in the Post-Brexit Era

by Luke Pettit | Apr 8, 2025 | EPO, UPC

Background The decision (UPC CFI 355/2023) of the UPC’s Düsseldorf Local Division relates to European patent EP 3594009, owned by Fujifilm. The patent was validated and remained in force in both Germany and the United Kingdom. Fujifilm initiated an infringement action...

Laos to become additional EPO validation state

by Dr Andrew Clements | Mar 26, 2025 | EPO

Laos will join the five existing validation states (Morocco, Republic of Moldova, Tunisia, Cambodia, and Georgia) and the one extension state (Bosnia and Herzegovina) in which patent rights can be obtained based on a granted European patent. This means that, from...

G1/24 versus UPC; Will there be a tug of war over claim interpretation?

by David Eyre | Mar 4, 2025 | EPO, UPC

Article 84 EPC seems clear in stating that “the claims shall define the matter for which protection is sought”. More recently, the Unified Patent Court (UPC) on the face of it appears to concur. UPC Court of Appeal decision 335/2023 states “The Patent Claim is not...