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EPO Boards of Appeal

Cases
EPO Enlarged Board of Appeal

G1/25: EBA to decide on hydroponic case between Knauf and Rockwool

The Enlarged Board of Appeal faces its first referral of 2025. The EPO's highest instance must now decide on the office's current legal practice regarding description amendments. The case concerns the ...

20 August 2025 by Mathieu Klos
Cases
EPO Enlarged Board of Appeal

G1/23: If it is public, it is prior art

A product made publicly available before a patent's filing date cannot be excluded from prior art simply because its composition or structure could no ...

8 July 2025 by Konstanze Richter
Cases
EPO Enlarged Board of Appeal

G1/24: Enlarged Board of Appeal harmonises EPO and UPC legislation

When assessing the patentability of an invention, the description and drawings of an application must be considered to interpret the claims. With this ...

24 June 2025 by Konstanze Richter
Cases
Blockbuster drug

EPO revokes another Novo Nordisk patent behind Ozempic and Wegovy drugs

In the ongoing dispute over its highly successful weight-loss drug semaglutide, Novo Nordisk has suffered a further setback as the EPO revoked yet ano ...

16 May 2025 by Konstanze Richter
Cases
Medical devices

Epic battle over heart valves continues as EPO revokes two Edwards patents

The EPO Boards of Appeal have revoked two divisional patents belonging to Edwards Lifesciences' heart valve portfolio. This latest development comes a ...

4 April 2025 by Mathieu Klos
Cases
Medical devices

Meril successful at EPO against Edwards Lifesciences in heart-valve battle

In a victory for Meril Life Sciences in the long-running dispute over heart valves, the Boards of Appeal have revoked one of several patents-in-suit b ...

16 January 2025 by Konstanze Richter
Cases
EPO Boards of Appeal

EPO not playing along with KPN's UPC strategy

The Boards of Appeal have revoked an important patent belonging to KPN. The Dutch company recently filed a complaint against Oppo with the UPC. The pa ...

23 December 2024 by Mathieu Klos
Cases
CRISPR/Cas

Swerving the matter of granting genetic scissor patents at the EPO

This autumn, the EPO Boards of Appeal were supposed to issue landmark decisions in the battle for the basic patents on CRISPR/Cas9 technology. But the ...

28 November 2024 by Mathieu Klos
Legal Commentary
Opinion

"Figures show the EPO Boards of Appeal are highly productive, but it's only half the story"

The EPO Boards of Appeal have published their Annual Report 2024 and one aspect in particular stands out: in line with the current strategy, the court ...

21 May 2024 by Mathieu Klos
Cases
EPO Enlarged Board of Appeal

EBA to consider claim construction questions in heat-not-burn dispute

In Yunnan Tobacco vs. Philip Morris, the EPO Boards of Appeal will refer key questions on claim construction to the Enlarged Board of Appeal. If the E ...

22 April 2024 by Amy Sandys
Cases
European Patent Office

EPO new battleground in Nevro and Boston Scientific medical device dispute

The EPO Boards of Appeal have revoked several patents belonging to Nevro, following oppositions from competitors Boston Scientific and Medtronic. Whil ...

23 February 2024 by Amy Sandys
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Opposition proceedings, UPC, revocation

Comparison of opposition proceedings at the EPO and revocation actions at the UPC – advantages and disadvantages

Since the introduction of the Unified Patent Court (UPC) in June 2023, a new system for central attacking the validity of and thereby to nullify a Eur ...

30 January 2024 by Prüfer and Partner mbB
Cases
Medical devices

EPO Boards of Appeal revoke Edwards Lifesciences' heart-valve patent

Edwards Lifesciences and Meril have been fighting over heart-valve technology for years. Now the EPO has finally destroyed one of Edwards' patents. Th ...

5 December 2023 by Konstanze Richter
Cases
European Patent Office

Enlarged Board of Appeal reshuffles cards for EPO rules of priority

The EPO is not permitted to reject patent applications based on the applicants not being identical to those in the priority application. Furthermore, ...

16 October 2023 by Konstanze Richter
Cases
Breast cancer drug

EPO revokes Novartis everolimus patent in major victory for generics companies

In the long-running dispute with Novartis over breast cancer drug Afinitor, generic drug manufacturers have now scored a major victory. The EPO Boards ...

15 August 2023 by Konstanze Richter
Cases
Mobile communication

EPO Boards of Appeal strike down important Nokia patent in Oppo row

The latest development in the ongoing battle between Nokia and Oppo has been played out at the EPO Boards of Appeal. Following each company experienci ...

14 July 2023 by Amy Sandys
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