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29 August 2025

T 1535/23 - The return of the essentiality test (and the UPC)

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Key points What is the test to determine if deleting a feature from claim 1 as filed violates Art. 123(2) ?  T 0085/16: " whether somet...
27 August 2025

T 0098/23 - Retroactive assignments of priority rights are fine (Crispr-cas redux)

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Key points This is one of the cases about CRISPR-Cas. "  The issue here is, like in T 844/18, T 2360/19, T 2516/19 and T 2698/19, wheth...
25 August 2025

T 0867/23 - Post-published evidence for sufficiency of second medical use claim

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Key points The case is about a second medical use claim. Can the proprietor rely on post-published evidence to show that the medical method ...
22 August 2025

T 2178/22 - The weakest link and a remarkable remittal

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Key points  This case concerns a patent with an independent claim 7 directed to a barly plant obtained by an essentially biological process....
20 August 2025

T 0204/23 - The OTP must be deducible from the application as filed

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Key points The Board is not convinced that the problem of staining (or avoiding negative visual perception and gustatory perception of conde...
2 comments:
18 August 2025

T 2463/22 - (III) Public prior use as CPA

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Key points " The appellants [opponents] argued that product 5 was a suitable starting point for assessing inventive step of the subject...
15 August 2025

G 1/24 - Annotated

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Key points Decision G 1/24 was refreshingly short and analysed in many other social posts and blog posts already. I will add my comments to ...