Patents

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.

From antibodies to AI: what is patentable in the US and Europe?

In this webinar for university knowledge exchange practitioners, patent attorneys and senior associates Edward Rainsford and Parminder Lally discussed what can, and cannot, be patented at the European Patent Office (EPO) and the US Patent and Trademark Office (USPTO).