SONN Patentanwälte – IP Attorneys

EPO: Failure to achieve the technical effect at the edge of the scope of the claim non detrimental

  1. Where a single composition at the edge of the scope of the claim and whose ingredients are contained in amounts at the end-values of the claimed ranges, does not achieve a technical effect relevant for the assessment of inventive step, the inclusion of that non-working composition within the scope of the claim is of no harm if there is a large number of conceivable alternatives which achieve that effect, and the specification contains sufficient information on the relevant criteria for finding those alternatives with reasonable effort (EPO BoA 19. 3. 2024, T 629/22, Cheese analogue/AVEBE).