Preparation, Preparation, Preparation: Lessons To Be Learnt From EPO Decision R2/19

R2/19 is a recently published decision from the Enlarged Board of Appeal (EBA) of the European Patent Office (EPO). Although it breaks little new ground, it has highlighted yet again the importance of patent proprietors being properly prepared when defending a patent during post-grant proceedings.

In this article, we look at specific lessons that can be learnt by patent proprietors from this decision.

Background

European Patent No. 1793994 was granted to Plastic Suppliers, Inc. (the 'Patent Proprietor') on 19 October 2011 with claims relating to films made from polylactic acid (PLA) polymers, a useful plastics material that degrades into non-toxic and naturally occurring materials. The patent was maintained in amended form after opposition by Infiana Germany GmbH & Co. KG (the 'Opponent'), but the real lessons come from the appeal of that decision (T589/15) filed by the Opponent (also the 'Appellant'), which led to revocation of the patent, and subsequent