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The European Patent Office Board of Appeal's decision in T 0137/24 examines whether increasing percentage sequence identity thresholds in patent claims constitutes added matter and whether such claims meet sufficiency requirements. This case highlights the divergent approaches between European and US patent offices when evaluating biotechnology claims that define protein variants through sequence identity percentages combined with functional limitations.

As reported by our colleague Joanne Meredith in her recent post (click here to read), Phase One of the EU's "Design Reform Package" became effective on 1 May 2025...