Category: Enlarged Board of Appeal
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EPO’s Enlarged Board of Appeal: reproducibility irrelevant to eligibility of sold product as prior art and ability to destroy novelty
Context: The Enlarged Board of Appeal (EBA) of the European Patent Office (EPO) made a decision on claim construction last month that aligns its case law with that of the Unified Patent Court’s (UPC) Court of Appeal (CoA) (June 18, 2025 ip fray article). We will continue to report on EBA decisions that we believe…
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European Patent Office aligns with Unified Patent Court on claim construction standard: Enlarged Board of Appeal decision
Today’s decision by a Board of Appeal of the European Patent Office lays out a claim construction standard that is materially consistent with that of the Unified Patent Court’s Court of Appeal.
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UPC’s standard for added subject matter remains unresolved after Hague LD decision: EPO ‘gold standard’ or lower hurdle?
The Unified Patent Court’s The Hague Local Division adjudicated a couple of preliminary injunction requests, granting one and denying the other. Interesting legal questions were discussed, but have yet to be resolved definitively.