Just Patent Law Blog

Key points

 This decision deals with novelty, namely a "counting to two" case, and inventive step of polymorphs.Claim 1 of the main request is directed to the citrate salt of the compound SCY-078. Novelty over D6 is at issue.The Board: "As set out above, claim 49 of D6 relates both to SCY-078 in its free-base form and to a pharmaceutically acceptable salt thereof. F...

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The opposition is filed in the name of   SPG GmbH & Co. KG" without giving an address.It turns out there are three legal entities with the same name (in Germany).Hence, the identity of the opponent is unclear (at the end of the opposition period).The opposition is therefore, in principle, inadmissible  (Rule 77(1)). The Board allows a correction under...

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The proprietor filed an appeal against the decision to revoke the patent."VI. With letter dated 15 May 2026, the appellant declared that they did no longer approve the granted text of the patent, that all requests were thereby withdrawn, including the request for oral proceedings and that they also did not intend to file any other text for amendment of th...

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The post title is not meant as criticism of the Board's decision. Claim 1 as granted describes, in effect, a preparation method that yields product A. The description discloses an additional step of converting A into B. The proprietor wishes to amend claim 1 by adding that step of converting A into B. Is this permitted?In the case at hand, A is a digital ...

Key points

My big post on G 1/23 is still a work in progress.G 1/23 said that: "It also follows from the correct interpretation of G 1/92 that all analysable properties of the product put on the market will belong to the state of the art, i.e. they will represent technical information that the skilled person is aware of and will consider relying on when looking at t...