SONN Patentanwälte – IP Attorneys

1. UPC: Lack of Legal Interest in the Revocation of Dependent Claims

   In this procedural decision, the Court of Appeal addresses the legal interest in the revocation of dependent patent claims. A decision on whether the subject-matter of a dependent patent claim is not disclosed in a manner sufficiently clear and complete for it to be carried out by a person skilled...

2. State of the art, Inventive step, Enlarged Board of Appeal, Reproducibility and sufficiency of disclosure, EPC

   In this decision, the Board of Appeal addresses the implications of the landmark decision G 1/23 of the Enlarged Board of Appeal. The Enlarged Board's decision does not exclude the selection of a product that is commercially available but not reproducible by third parties as the closest state of...

3. UPC Court of Appeal: The Role of dependent claims when interpreting an independent claim

   The question of whether conclusions can be drawn from the subject matter of a dependent claim and its features when interpreting the main claim depends on the circumstances of the individual case. If the dependent claim is only adding an additional feature that does not provide a more specific description...

4. Workability with open-ended parameter ranges in a claim

   Where the claimed invention contains a physical parameter having an open-ended range in one direction that cannot be reproduced on the basis of common general knowledge together with the rest of the invention, the range can still be regarded as reproducible over the whole claim breadth if the description...