SONN Patentanwälte – IP Attorneys

Technical contribution to the invention in the presence of measurement data

The two standards of proof traditionally relied upon by the EPO Boards of Appeal – the “balance of probabilities” and the “beyond reasonable doubt” tests – can be applied in straightforward cases. However, this binary approach may prove excessively formalistic and over-simplified in more complex...

Patients in clinical trial are not members of the public

The clinical trials were carried out in accordance with the EMEA Guidelines for Good Clinical Practice. These guidelines explicitly require adherence to the prescribed protocol and assurance of drug accountability. This implies that the patients who decided to participate...

EPO case law: Strict requirements regarding the obligation to substantiate in the appeal

In the case of cumulative lines of argument that build on each other, a complete presentation of the reasons, as Article 108 EPC and Article 12 RPBA have always demanded, requires the presentation of all facts, which only together support the alleged legal result (here: publicity of prior use...