There has been some interesting recent activity to report from the highest appeal bodies of the European Patent Office (EPO) and the US judiciary, i.e. the Enlarged Board of Appeal (EBA) and the US Supreme Court respectively...
Firstly, turning to the EPO, there is more fallout to report from the recent G 1/24 decision of the Enlarged Board of Appeal (EBA), which we reported here, and here (in which the EBA confirmed that the description and drawings of a patent specification should always be taken into consideration when determining the scope of the claims for the purposes of assessing patentability). As we anticipated here, a new EBA referral has now been made (G 1/26) from appeal case T 873/24, regarding whether/how decision G 1/24 applies tothe assessment of added matter (Article 123(2) EPC) and extension of subject matter in divisional applications (Article 76 EPC).
