The IPKat

DECEMBER 20, 2023

US patent attorneys wishing to understand certain peculiarities of European patent drafting need look no further than the recent Board of Appeal decision in T 2171/21. This case is a textbook example of the EPO's strict approach to added matter. Profanity The patent was opposed for added matter.

Patent 109

Patent Invention Patent Drafting Patent Application 109

The IPKat

APRIL 6, 2022

Antibodies may be defined in a patent claim by their amino acid sequence, by their target (epitope) and/or their functional characteristics. Despite this, there is a dearth of EPO Boards of Appeal case law on the allowability of epitope and broadly functional language in antibody claims. The claimed antibody was specific for NKG2A.

Art 130

Art Invention Patent Law 130

The IPKat

DECEMBER 28, 2021

Following on from our IPKat EBA 2021 Year in Review , here is some more festive holiday reading on some of the important decisions to come out of the EPO Boards of Appeal this year. As the year draws to the close, the EPO has announced the Legal Boards of Appeal decision on whether an AI can be named as an inventor (J 8/20 and J 9/20).

Inventor 123

Inventor Invention Patent Art 123

The IPKat

SEPTEMBER 3, 2021

The decision of the Enlarged Board of Appeal (EBA) in G1/21 was perhaps the "non-event" of the patent year. of yet, we also do not have the benefit of the EBA's written decision and reasoning in G1/21, but must rely on the EPO's summary.

Patent 98

Patent 98

The IPKat

DECEMBER 28, 2021

This year also saw release of the EBA decision on double-patenting and a new referral on the thorny issue of plausibility and post-published evidence. As the year draws to a close, we also have news of a new referral to the EBA on the EPO's co-applicant approach to priority. Double-trouble ??

Invention 67

Invention Publishing Patent Law 67

LexBlog IP

JULY 26, 2022

Over the past two decades or so, the number of major jurisdictions offering some form of general ‘grace period’ for filing of patent applications has grown significantly. This has largely been driven by bilateral agreements (e.g. The survey sample is not unbiased.

Patent 52

Patent Patent Application Invention Reporting 52

IPilogue

AUGUST 11, 2021

The Reasonable Robot: Artificial Intelligence and the Law (CUP 2020) explores the legal implications of AI stepping into the shoes of people and doing human sorts of tasks. To illustrate, consider how the law taxes activity by a person and a machine differently. In turn, this tends to result in negative and unintended outcomes.

Intellectual Property 112

Intellectual Property Inventor Invention Business 112