Analysis

Should European patent applications be opted-out of the Unified Patent Court?

The EU patent package establishing a Unitary Patent (UP) providing EU-wide patent coverage and a Unified Patent Court (UPC) to enforce such patents entered into force on 1 June 2023, and our clients are deciding whether or not to opt out their existing European patents from the jurisdiction of the UPC.

T 1688/20: the “Gold Standard” test of novelty

In T 1688/20, the Board of Appeal has deviated from novelty criteria with respect to selection inventions as set out in the EPO guidelines for examination (G-VI, 8, ii), in favour of applying the “Gold Standard” test of novelty. This decision may be useful when arguing novelty in examination and opposition proceedings.

G2/21 Plausibility – the decision

The Enlarged Board of Appeal have decided that post-published evidence can be used to prove a technical effect for the assessment of inventive step if the technical effect is “encompassed by the technical teaching” of the application at the original filing date.