by Juliette Boynton | Jan 27, 2025 | EPO
This issue was previously considered by the Enlarged Board in G3/04, who concluded that the Appeal could not be continued. The G3/04 decision notes that the status of an intervener is defined in Article 105 EPC which states:- Any third party may, in accordance with...
by Luke Pettit | Jan 2, 2025 | EPO
Background and First Instance Decisions In Europe, claims directed toward mathematical methods are allowable only if it is clear that they contribute to the “technical character” of an invention. Under European practice, to assess the inventive step of a mathematical...
by Sean Hutchinson | Aug 30, 2024 | EPO
Background European patent no. EP 2 991 507 B1 was granted with claims directed to a mixture containing fish oil and fruit juice for use in the treatment of cancer. At opposition, the patent was found to lack novelty and the amendments proposed by the patent...
by Chloe Sullivan | Aug 29, 2024 | EPO
Background Due to methods of treatment of the human or animal body being excluded from patentability in Europe, applicants are required to claim substances or compositions for use in a method of treatment instead. Thus, there is a need for the term “substances or...
by Sean Hughes | Jul 11, 2024 | EPO
Vegan Cheese Product Claim T 0629/22 concerned European patent no. 3422865 (subject-matter: vegan cheese and preparation thereof). The product claim was distinguished from the prior art according to the type and amount of starch used in the vegan cheese. However, the...
by David Eyre | Jul 8, 2024 | EPO
These provisions for “second medical use” also rely on the claims for use in a method of treatment being interpreted to include the physiological or technical effect of the treatment as being a functional feature of the claim. However, the interpretation...
Recent Comments