In T 0878/23, the Board of Appeal ruled that mutually exclusive ranges in dependent claims constitute fatal insufficiency rather than a mere lack of clarity. This decision underscores the “repercussive effect” of claim dependencies, warning that internal contradictions can make an invention technically impossible to perform.
Therapeutic inventions are generally not considered sufficiently disclosed absent supporting data. The recent decision in T 0883/23 found that this applies both at the priority date and the filing date of the patent.
How early is too early to file a biotech patent? EPO decision T 0709/23 provides a costly answer, demonstrating the fatal risks of claiming a broad therapeutic use before the link between structure, function, and actual effect is truly understood.
The concept of data as oil has been around for a number of years, but does the analogy still hold? In the pharma and biotech industry, there is now a shift away from thinking of data as a bulk commodity of raw material, towards the pursuit of high quality data that can improve the performance…
Last month, Evolve celebrated its 4-year anniversary in style with a sparkling wine and canapés reception in Cambridge. Thank you to everyone who attended and for our clients’ continued trust and support. We look forward to many more years of helping our clients in their mission to deliver innovative medicines to market and bring hope…
We believe that the value of AI for our profession lies in developing highly specialised tools that build upon and incorporate domain-specific attorney expertise.
