Intellectual Property News & Topics - Secerna LLP

EPO 2021

G1/23: Irreproducibility alone does not exclude a product from the state of the art

Industry news News 02/07/2025

The Enlarged Board of Appeal of the European Patent Office (EPO) today issued its decision in case G1/23. This pivotal decision, arising from a case involving the commercially available polymer “ENGAGE® 8400”, directly addresses a critical question: Can a product on the market be excluded from the state of the art (within the meaning of Article 54(2) EPC) solely because its composition or internal structure can’t be reproduced by a person skilled in the art?

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