27 June 2023FeaturesPatentsJonathan Foster and James Clegg

Board of Appeal's novelty reasoning opens doors in EPO examinations and oppositions

In T 1688/20, the European Patent Office (EPO) Board of Appeal has deviated from novelty criteria with respect to selection inventions as set out in the EPO guidelines for examination (G-VI, 8, ii), in favour of applying the “Gold Standard” test of novelty.

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