News & Analysis as of August 4, 2025

European Patent Office

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The European Union is an economic and political partnership comprised of 27 nations within the Eurozone. The EU was established in 1948 to promote stability and cooperation among member states in the aftermath of WWII. The EU maintains a common currency as well as several intranational institutions, including the European Parliament and the European Commission. less -

ChatGPT is not a proxy for the skilled person

Hogan Lovells on 6/9/2025

In a recent decision the Board of Appeal of the European Patent Office (EPO) has for the first time addressed the use of AI to support arguments on claim interpretation, in this case deciding that ChatGPT cannot be used as a...more

The UPC’s interpretation of inventive step: does it follow the problem-solution approach?

A&O Shearman on 6/4/2025

UPC case law on the assessment of inventive step is still evolving. Most local division (LD) decisions have indicated a slightly diverging practice from the EPO’s problem-solution approach. However, more recently, others have...more

The EPO Adopts a Patentee-Friendly Approach on Assessing Formal Priority Entitlement

Jones Day on 11/7/2023

The Background: There has been a growing trend to invalidate European patents by challenging their formal priority and using intervening prior art. The Technical Boards of Appeal of the European Patent Office ("EPO") referred...more

Global Patent Prosecution - September 2019: Post-Filing Experimental Data at the European Patent Office

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 9/30/2019

The Guidelines for Examination in the European Patent Office (EPO) permit the use of post-filing experimental data in a limited manner to support the scope of objected claims. However, reliance on post-filing data differs...more

Global Patent Prosecution Newsletter - September 2018: Third Party Observations in Europe, China, Japan, and for the PCT - To File...

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 9/17/2018

Both the European Patent Office (EPO) and the Japanese Patent Office (JPO) accept a third party observation regarding validity of a patent application. In February 2012, it was announced that third party observations could be...more

Global Patent Prosecution Newsletter - September 2018

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 9/13/2018

A Survey of Third Party Observation Systems - Third party observations can be a cost-effective way of introducing prior art or arguments related to patentability of a published patent application. The September 2018 issue...more

English Court of Appeal rejects the EPO’s “serious contemplation” test for anticipation by prior disclosure overlapping with later...

A&O Shearman on 7/17/2018

In the case of Jushi Group v OCV [2018] EWCA Civ 1416, the Court of Appeal has considered the question of the relevant test to apply when assessing whether a prior disclosure of numerical ranges will anticipate a later claim...more

Patent Grace Period Laws in the IP5 Patent Offices: Some Similarities But Largely Different

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 6/5/2017

Life science and other high technology companies most frequently file patent applications in five IP offices (IP5), namely: the United States Patent and Trademark Office (USPTO), the European Patent Office (EPO), the Japanese...more

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