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Arianna Bartolini

As seen in: Lexology, Kluwer Patent Blog
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Articles

EPO Board confirms public prior use based on confidential analysis

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By Thorsten Bausch, Arianna Bartolini
| Lexology Verified
In T1324/21, the EPO Boards of Appeal addressed the role of internal evidence in proving public prior use. The case related to claims to a pharmaceutical composition containing specific polymorphic forms of rifaximin. The opponents raised a novelty objection based on the public prior use of Xifaxan tablets available on the market before the priority date.
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Notes on the EPO Boards of Appeal Case Law Conference 2024

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By Arianna Bartolini
| Kluwer Patent Blog
In case you missed it, here are the main points from the EPO Boards of Appeal Case Law Conference 2024. As ever, this was a really interesting event with lots of high quality presentations. Above all, it is great to hear at first hand what the Board members themselves think of the hot topics at the EPO. As usual, the President of the Boards of Appeal was first up. He highlighted the improvements in statistics on timeliness: As of June 2024, less than 10% of cases are older than 30 months.
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