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News and commentary on IP issues

Right to priority in European Patent Applications - EPO decides there is a rebuttable presumption of validity

PriorityRight
The Enlarged Board of Appeal at the European Patent Office (EPO) has now issued its written decision in consolidated cases G1/22 and G2/22. The Enlarged Board of Appeal concludes that the EPO is competent to assess priority entitlement and that there is a rebuttable presumption that an applicant claiming priority in accordance with the formal requi...
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Plausibility at the EPO - Enlarged Board of Appeal decision G2/21

HummingbirdHawkMoth
The long-awaited Enlarged Board of Appeal decision G2/21 has finally been issued. It confirms that evidence submitted in support of inventive step cannot be disregarded solely on the ground that such evidence had not been public before the filing date and was only filed after that date. The background to this Decision and the referral to the E...
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Practical Tips for Patenting Antibodies in Europe

Antibody
The patenting of proteins is well established in Europe as long as they meet the requirements of novelty and inventive step.Antibodies are a specific type of protein, and to obtain useful patent protection for these, there are specific requirements to take into consideration.We have previously written about the European Patent Office's Guidelines f...
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Plausibility - EPO stays proceedings in view of Enlarged Board Referral

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The European Patent Office has announced a stay of all examination/opposition proceedings involving applications/patents in which the assessment of inventive step is exclusively based on evidence that was not publicly available before the filing date, and in which the decision depends entirely on the outcome of Referral G2/21 (Plausibility), u...
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Claiming Antibodies in European Patent Applications

Immune
In the past year, we have all heard more about antibodies in the general news than anyone ever desired. When we are exposed to pathogens, antibodies form a vital part of our immune systems in protecting us from deadly diseases.Isolated from the body or synthetically produced, antibodies can have many uses and are particularly important as therapeut...
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