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Just Patent Law Blog

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Just Patent Law Blog: Just Patent Law Blog

Publisher:  p.j.delange
Message frequency:  0.39 / day
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Message History

T 1909/23 - 2nd medical use claim for individualized RNA cancer vaccine

Key points

III. Claim 1 of the patent reads as follows:"1. An individualized cancer vaccine for use in a method of treating a cancer patient, said method comprising the steps:(A) providing the individualized cancer vaccine by a method comprising the steps:(a) identifying cancer specific somatic mutations in a tumor specimen of the cancer patient to provide a cancer ...


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T 1571/23 - No harmless error rule?

Key points

The OD revoked the patent. The proprietor appeals and requests that the impugned decision be set aside because of an alleged substantial procedural violation.The Board, in translation: "In the Board's view, it is immediately apparent from the grounds of appeal that the patent proprietor wishes to have the contested decision set aside due to ...


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T 1113/24 - OD should have heard witnesses

Key points

The opposition is based on an alleged public prior use. The OD rejected the opposition. The opponent appeals. The OD had refused to hear two witnesses (as requested by the opponent) in connection with the public prior use. The opponent had substantiated the public prior use with documents, including technical drawings and diagrams.The OD had reasoned as f...


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T 0700/25 - Appealing the grant, filing a div

Key points

A patent is granted. The proprietor appeals against the grant and files a divisional application. The EPO deletes the mention of the grant (that is to say, publishes a new statement in the Bulletin that the first mention of the grant is deleted). The proprietor withdraws the appeal before filing the Statement of grounds. The proprietor requests the refund...


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T 2048/23 - Inherent or intrinsic properties

Key points

The opposed patent contains in Table 1 the results of measurements of a certain parameter of  existing, commercially available, absorbent articles. The claim defines a range overlapping with the measured values.The Board: "Even if the parameter measurements on the articles seen in Table 1 were never performed publicly or at least were never made avai...


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