SONN Patentanwälte – IP Attorneys

Sub-range novelty incompatible with the “gold-standard” disclosure test

The principle that a claimed sub-range must be “narrow” relative to a known range and “sufficiently far removed” from any specific examples in order to confer novelty is, following T 1688/20 (which held that the concept of disclosure must be the same for Articles 54 and 123(2) EPC), incompatible with the requirement for direct and unambiguous disclosure (EPO BoA 20 Feb 2025, T 667/23, Aluminum Alloys/Arconic).