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 Simon Wright | Oct 11, 2023 | EPO
Introduction to the Decision On 10 October 2023, the Enlarged Board of Appeal (EBA) of the European Patent Office (EPO) published its decision in combined referrals G 1/22 and G 2/22: “Entitlement to Priority”. The referrals arose in cases T2719/19 and T1513/17. While...
by Sean Hughes | Oct 5, 2023 | EPO
The Decision According to Article 72 EPC, the assignment of a European patent application must be made in writing and requires “the signature of the parties to the contract”. The question for the Legal Board of Appeal in J 0005/23 was whether the...
by George Schlich | Mar 24, 2023 | EPO
The guidance is: in support of inventive step, yes, post-filed data can be used, if it relates to the same invention as disclosed in the original application. Summary of the Decision In summary, in support of inventive step in a claim in a European patent: • yes,...
by Juliette Boynton | Mar 22, 2023 | EPO
As we know, when claiming priority from an earlier application, one of the tests for a valid priority claim is that it relates to the “same invention”; this being essentially the same as the test for added matter and requiring a “direct and unambiguous” disclosure of...
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