Hindsight in Assessment of Inventive Step

January 27, 2023By Julia D'ArcyPatents, Prior Art

The EPO favours the problem-solution approach in the assessment of inventive step. This involves identifying the closest prior art, as the prior art document that provides the most promising starting point for an obviousness attack. However, the step of identification of the closest prior art in the problem-solution approach creates a potential tension with one of … Read More

EPO Assessment of Inventive Step when an Unusual Parameter is Claimed

December 2, 2022By Julia D'ArcyEPO, Patents, Prior Art, Uncategorized

Before the EPO, the standard requirement is that the technical effects of a claimed invention and that of the closest prior art can be directly compared. Where a claimed invention is described through reference to “an unusual parameter” such comparison is difficult. Recent EPO Board of Appeal decision T 0555/18 is a caution against defining an … Read More

EPO Abolishes the 10 Day Rule

October 28, 2022By Julia D'ArcyEPO, Patents

Currently EPO rules stipulate that most notifications are considered to have been notified 10 days after the date of the notification. The EPO have recently announced that this 10 days rule will cease to be in effect from 1 November 2023. Under the new rules the deemed date of delivery will be the date of … Read More

Implementation Road Map published to the Launch of the Unified Patent Court

October 10, 2022By Julia D'ArcyPatents, Unitary Patent Court, Unitary Patent System

According to the recently issued current timetable, the Unified Patent Court (UPC) will launch 1 April 2023. Implementation roadmap – Outlook (unified-patent-court.org) The coming into force of the Unitary Patent system will affect not only applications filed after it comes into effect but also applications which are already filed and European patents which are already … Read More