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About Daniel

Dan graduated from the University of Bath with a first class MSci degree in Natural Sciences. Following his degree, he completed a PhD at the University of Bath in the field of organic chemistry, during which he explored novel methodologies for the formation of amides and applied these methods to the synthesis of various pharmaceuticals.

Dan joined Keltie in 2024 following four and a half years training at another leading European patent firm. He has experience working in a range of subject-matter, but specialises in organic chemistry / pharmaceuticals.

He qualified as a European Patent Attorney in 2023 and is an Associate in the Life Sciences and Chemistry team at Keltie.

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T 56/21 – A missed opportunity for providing legal certainty on adapting the description at the EPO

04.11.2024

T 56/21 – A missed opportunity for providing legal certainty on adapting the description at the EPO

It is typically a requirement at the EPO to amend the description for conformity with the allowable claims before grant of a patent; however, there have been a number of diverging decisions on the matter. The latest decision finds that there is no legal basis for enforcing this requirement, which might suggest that it will no longer be necessary to adapt the description. However, there are other decisions which support the requirement to adapt the description. In view of this, and because the Board of Appeal in this case opted not to involve the highest authority at the EPO in order to clarify the situation, it is unclear as to whether or not the requirement to adapt the description will remain.

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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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