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G 1/23 - Potential changes ahead for what constitutes “state of the art”?

23.08.2024

G 1/23 - Potential changes ahead for what constitutes “state of the art”?

The EPO Enlarged Board of Appeal has now issued its preliminary (and non-binding) opinion on G 1/23. This referral (from the Technical Board of Appeal in T 438/19) seeks to clarify whether a commercially available product, with an undisclosed composition or internal structure, must be analysable and reproducible by the skilled person in order to constitute prior art under Article 54(2) EPC.

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