PHARMACEUTICAL IP

Chemistry

The chemical sciences underpin an array of innovations, from novel materials to advanced synthetic methodologies. Chemistry innovations are at the forefront of developing solutions to challenges our society faces today.

At Evolve, our team can support you, providing expert advice across technologies such as agrochemicals, cosmetics, nanomaterials and green- and clean-tech. We will work with you to develop IP strategies that create valuable IP portfolios protecting your important innovations.

Sector insights...

Excluding a technical feature is not inventive without evidence of a technical effect (T 1865/22)

The recent Board of Appeal decision in T 1865/22 considered the inventive step of a composition where the only distinguishing feature was a lower concentration of a component compared to the closest prior art. The prior art taught that higher concentrations of this component were advantageous. The Board of Appeal found that simply excluding a technical feature disclosed…

To infinity and beyond! The sufficiency requirements for open-ended ranges (T 1977/22)

The recent Board of Appeal decision in T 1977/22 related to the patentability of claims defining subject matter with open-ended parameter ranges. The question before the Board of Appeal was whether a claimed open range, and its numerically infinite scope, could ever be said to be sufficiently disclosed (Article 83 EPC). The Board of Appeal rejected the argument…

The UPC’s first decision on infringement by equivalence (Plant-e v Bioo, UPC_CFI_239/2023)

In Plant-e v Bioo the UPC provided its first decision addressing the doctrine of equivalents in patent infringement proceedings (UPC_CFI_239/2023). The Local Division of the Hague set out a novel four-part test for assessing equivalence drawn from various national jurisdictions. The test appears relatively patentee-friendly, with the Local Division finding infringement of the claims despite the alleged infringement lacking…

How do you determine the novelty of a second (non-medical) use claim? (T 1395/15)

At Evolve we are used to discussing the patentability of second-medical use inventions. But what about non-medical second uses? The recently published Board of Appeal decision T 1385/15 related to the patentability of such a second use. According to case law from the Enlarged Board of Appeal (EBA), a second use of a known product…
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