Knowledge Hub

9. Clarification of section on patentability of antibodies This forms part of a wider report on the 2022 updates to EPO Guidelines for Examination.   We are pleased that the comments on patentability of antibodies in Guidelines Part G, Chapter II, section 5.6 has been clarified and updated. AA Thornton’s Craig Turner discussed this with… Read more »

8. Data retrieval, formats and structures This forms part of a wider report on the 2022 updates to EPO Guidelines for Examination.   This section G-II, section 3.6.3 includes a minor clarification (underlined below): “A data structure or format contributes to the technical character of the invention if it produces has an intended technical use… Read more »

7. Update relating to games This forms part of a wider report on the 2022 updates to EPO Guidelines for Examination.   In a section discussing patentability of games, section G-II, 3.5.2 of the previous Guidelines and the new version tells us that: “…An example of a technical context in which the manner of presenting… Read more »

6. Computer simulation, design or modelling – following G1/19 This forms part of a wider report on the 2022 updates to EPO Guidelines for Examination.   The section of the Guidelines relating to patentability of computer simulation (Part G, Chapter II, section 3.3.2) has been changed significantly following the comments of the EPO’s Enlarged Board… Read more »

5. New example assessment of invention including mathematical method steps This forms part of a wider report on the 2022 updates to EPO Guidelines for Examination.   There is a second new example assessment of inventive step at G-VII, 5.4.2.4. This example assesses a computer-implemented method of determining areas in which there is an increased… Read more »

4. New example assessment of technical application of AI This forms part of a wider report on the 2022 updates to EPO Guidelines for Examination.   We applaud the EPO’s decision to add a first example assessment of inventive step for a technical application of artificial intelligence, and another new example assessing inventive step for… Read more »

3. Helpful confirmation on patentability of mathematical methods This forms part of a wider report on the 2022 updates to EPO Guidelines for Examination. In 2018, the EPO reviewed around 1000 of its Board of Appeal decisions and distilled some new principles on patentability of mathematical methods, noting that these principles will be applied to… Read more »

2. Partial priorities This forms part of a wider report on the 2022 updates to EPO Guidelines for Examination. The previous section of the Guidelines at Part F-VI, 1.5, relating to multiple priorities, has now been now extended to explicitly cover partial priorities. The amended text is shown for reference below. The section retains the… Read more »

1. Amendments to avoid contradictions between claims and description This forms part of a wider report on the 2022 updates to EPO Guidelines for Examination. There are some small but important changes to the guidelines on required changes to the description of a European patent application (Guidelines Part F, Chapter IV, section 4.3). Many EPO… Read more »

Trademarking in the Metaverse and Non-Fungible Tokens – virtually pointless? Should you be extending your trade mark protection to the Metaverse?  What role do Non-Fungible Tokens (NFTs) play within the Metaverse and your trade mark protection strategy?   What is the Metaverse? It is probably easiest to understand as a massively scaled up version of… Read more »