Updates on EPC, PCT, EPO case law and the e-EQE

T 438/19-The patent leading to G 1/23 is dead

by Daniel X. Thomas

24 Oct. 2025 0 comments 2 minutes CASELAW-EPO

In a blog entry of 11.10.2025, the board’s communication under Art 15(1) was analysed and commented.

OP were held on 15.10.2025.

From the minutes of the OP, the following conclusions could be drawn:

The parties were heard on G 1/23.

Collapse Application of G 1/23 / Circumvention of a non-reproducible piece of prior art

by Daniel X. Thomas

11 Oct. 2025 0 comments 4 minutes CASELAW-EPO

EP 2 626 911 B1 relates to an encapsulating material for solar cell and a solar cell module.

Brief outline of the case

The OD rejected the opposition as it considered the commercial product ENGAGE® 8400 as not belonging to the prior art under Art 54(2),