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ARTICLE · 29 JUNE 2010

IP Snapshot - June 2010

The EPO Board of Appeal (BoA) rejected claims to functionally defined chemical compounds, which were to be identified via a new research tool using a screening method described in the patent.

United KingdomIntellectual Property
Isabel Davies
Isabel Davies
Tom Scourfield
Tom Scourfield

Bringing you monthly news of key developments in intellectual property law

PATENTS

Bayer Schering Pharma AG, T 1063/06 - 3.3.10, 3 February 2009

The EPO Board of Appeal (BoA) rejected claims to functionally defined chemical compounds, which were to be identified via a new research tool using a screening method described in the patent.  The claims were rejected on the basis that they were broader than the applicant's invention, and also that the claims were insufficient because the skilled person would have to carry out a research programme to establish whether or not any particular compound fell within the claims. The translation of the decision was not published until March 2010, but the original decision was given in February 2009.

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