Share on LinkedInShare on LinkedIn

VIDEO · 05 SEPTEMBER 2025

Patenting Polymorphs At The EPO (Video)

HGF Law
Explore more from HGF Law

Prior art must necessarily lead to the claimed polymorph to be novelty destroying...

United KingdomIntellectual Property
HGF Limited
HGF Limited
Author LinkedIn connections

1674096a.jpg

Video overview:

  1. Novelty and Inventive Step
  • Prior art must necessarily lead to the claimed polymorph to be novelty destroying
  • Watch out for inherent disclosures in prior art—methods may implicitly produce polymorphs even if structural data isn't provided.
  • Provide experimental evidence if needed to show prior art does not produce the claimed polymorph.
  • Emphasise any advantages or unexpected properties of the polymorph, supported by data, to support an inventive step
  1. Clarity
  • Provide a clear, precise definition of the polymorph.
  • Clearly define the crystalline form using appropriate physicochemical parameters and measurement conditions.
  1. Sufficiency
  • Clearly describe how to prepare the polymorph. If preparation requires seeding crystals, disclose how to prepare the seed in the application

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

View source

Related Articles

Legal Intelligence Newsletters

Read more about

Related Comparative Guides

See more popular content from

Article

Samsung Ordered To Pay The Swatch Group US$11.6 Million In Damages For Trade Mark Infringement

The High Court has awarded the Swatch Group US$11.6 million in negotiation damages against Samsung for trade mark infringements involving watch face apps on the Galaxy App store. Rejecting both parties' extreme valuations of US$170 million and US$301, the court established important principles for assessing damages when brand owners don't license their marks and no comparable market royalties exist.
United KingdomIntellectual Property
Mishcon de Reya LLP
Mishcon de Reya LLP
Article

High Court Clarifies The Limits Of Copyright Claims Against Online Marketplaces

The UK High Court has delivered a landmark ruling on online marketplace liability, dismissing Shein's copyright infringement claims against Temu and clarifying when platforms can be held responsible for third-party content. The judgment examines the boundaries of copyright ownership in complex supply chains and establishes important precedents for how marketplace operators should respond to infringement allegations.
United KingdomIntellectual Property
HGF Law
HGF Law
Article

IP Right Infringement By Re-posting Of Photographs On Social Media – Assessing Damages, Calculation Of Interest And Costs Recovery In The IPEC

A copyright infringement case in the Intellectual Property Enterprise Court examines how damages should be calculated when a defendant used thousands of photographs from Max Power magazine on social media to build a following and promote commercial events. The court's decision provides important guidance on determining reasonable licence fees for social media use and the application of IPEC's costs cap provisions.
United KingdomIntellectual Property
RPC
RPC
Article

A FRANDly Forum? The Growing Role Of Arbitration In SEP Disputes

Standard-essential patent disputes reveal a fundamental tension between territorial patent rights and global technology markets. While patents are enforced nationally, the standards they protect operate across borders, triggering parallel proceedings in multiple jurisdictions. FRAND arbitration offers a potentially coherent alternative by allowing parties to place international SEP portfolios before a single specialist tribunal, though questions of consent, validity, competition law and enforceability compl
United KingdomIntellectual Property
Aceris Law
Aceris Law
Article

Academic Collaboration And Copyright: Key Lessons From Boghossian v IOP Publishing

A recent UK court decision clarifies the distinction between academic authorship conventions and copyright law, revealing that being named as a co-author on research papers does not automatically confer copyright ownership. The case examines when supervisory contributions qualify as joint authorship and what universities must do to protect intellectual property rights in collaborative research.
United KingdomIntellectual Property
Shakespeare Martineau LLP
Shakespeare Martineau LLP
Article

English Court Of Appeal Approves Choice Of Arbitration As Global (F)RAND Venue For SEP Licensing Disputes When Made By SEP Owners

The English Court of Appeal has endorsed arbitration as an acceptable means of dispute resolution for resolving global (F)RAND disputes when proposed by standard-essential patent owners. This controversial decision effectively compels SEP licensees to arbitrate against their will, based on the principle that where multiple RAND approaches exist, the SEP owner's choice is determinative, creating an inherent asymmetry in the licensing framework.
GlobalIntellectual Property
WilmerHale
WilmerHale
Article

High Court Clarifies The Limits Of Copyright Claims Against Online Marketplaces

The UK High Court has delivered a landmark ruling on online marketplace liability, dismissing Shein's copyright infringement claims against Temu and clarifying when platforms can be held responsible for third-party content. The judgment examines the boundaries of copyright ownership in complex supply chains and establishes important precedents for how marketplace operators should respond to infringement allegations.
United KingdomIntellectual Property
HGF Law
HGF Law
Article

UK Patents Court Reinforces The UK Threshold For Plausibility

The UK Patents Court has upheld Novartis' patent and SPC protecting Entresto, its blockbuster heart failure treatment combining valsartan and sacubitril, rejecting all validity challenges from generic manufacturer Accord Healthcare. The judgment provides crucial guidance on plausibility requirements where experimental data have been generated but not fully disclosed in the patent specification, clarifying when qualitative disclosure of positive results suffices without detailed numerical data.
United KingdomIntellectual Property
HGF Law
HGF Law
Article

Trade Mark Changes In Jersey, And Why They Might Affect You

Jersey has completely overhauled its trade mark system, establishing its own Intellectual Property Office and abolishing the previous UK re-registration requirement. The new framework aligns closely with UK trade mark law while enabling Jersey to participate directly in the Madrid System for international registrations. These changes, effective August 1, 2026, include automatic cloning of existing UK designations into Jersey rights and signal further IP modernization ahead.
JerseyIntellectual Property
HGF Law
HGF Law
Article

Cleaning Up The Laundry: Innovations In Mitigating Microplastic Contamination From Man-made Fabrics

Microplastic contamination from synthetic textiles poses a growing environmental threat, with fibres from man-made fabrics entering water systems through washing machine effluent. As countries like France mandate microplastic filters in washing machines and the EU implements new wastewater treatment rules, innovative companies are developing filtration technologies and novel removal methods to combat this pervasive pollution problem.
United KingdomEnvironment
HGF Law
HGF Law
Article

UPC CoA Confirms “gold Standard” For Added Matter In Sibio v Abbott

The Court of Appeal of the Unified Patent Court recently issued a decision examining whether omitting an elastomeric sealing member from a patent claim constitutes added matter, applying the EPO's "gold standard" test while emphasizing the importance of functional and structural relationships between features. The ruling provides crucial insight into how the UPC approaches intermediate generalizations and whether its methodology differs from the notoriously strict EPO practice on added subject-matter.
LuxembourgIntellectual Property
HGF Law
HGF Law
Article

Fuelling IP: Powering The Future: A Conversation With A Battery Technology Expert

Senior Battery Scientist Ceren Zor shares her expert perspective on the rapidly evolving battery sector, examining current growth areas from high-nickel cathodes to emerging iron-air technologies. The discussion explores the critical interplay between hardware innovation and software advancement in manufacturing and deployment, while highlighting the UK's distinctive research ecosystem and the global landscape of battery development.
United KingdomEnergy and Natural Resources
HGF Law
HGF Law
Podcast

Social Media Influencers And Liability In The World Of Fashion: The Georgia Aldridge Case (Podcast)

A detailed examination of a landmark IPEC case involving luxury fashion brands LVMH, Fendi, Loewe, Christian Dior, and Celine against social media influencer Georgia Aldridge for promoting counterfeit products. The discussion explores how courts assess damages when influencers knowingly sell non-genuine branded fashion items and what this means for both brand protection and influencer liability in the digital marketplace.
United KingdomIntellectual Property
HGF Law
HGF Law