Confidentiality of Medical Trials

February 6, 2023By Julia D'ArcyEPO, Patents

The confidentiality of medical trials was examined in recent EPO board of appeal case T 0670/20. During phase IIa and IIb clinical trials conducted prior to the filing of patent application EP2140867, tablets of anti-blood clot agent edoxaban were distributed. Under European law, is not necessary to show that a disclosure has in fact taken … 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