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ARTICLE · 22 FEBRUARY 2024

Review Of EPO Software Decisions In 2023

J A Kemp
J A Kemp
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J A Kemp

J A Kemp

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Decisions of the EPO Board of Appeal in 2023 can largely be regarded as a continuation of the trends established in 2022. The findings of Enlarged Board Decision G1/19 from 2021 continue to dominate...

United StatesTechnology
John Leeming
John Leeming
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Decisions of the EPO Board of Appeal in 2023 can largely be regarded as a continuation of the trends established in 2022. The findings of  Enlarged Board Decision G1/19 from 2021 continue to dominate, with an emphasis on the whole scope of the claim having a technical effect and some popular earlier precedents being overruled. Although we have not collected detailed statistics, there seems to be increasing trend for Boards to refuse to admit to requests on appeal, even to the extent of whole appeals being rejected because no requests are admitted. New requests will only be admitted on appeal in response to truly new circumstances, such as unexpected new objections raised by the Board of their own motion. Below we discuss cases of interest or perhaps general applicability, highlighting some interesting cases relating to artificial intelligence and digital therapeutics.

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