Katy Pellow

1 month ago | lexology.com | Chris Lindsay |Katy Pellow

IntroductionThe Enlarged Board of Appeal, the EPO's highest judicial authority, is currently grappling with a case referred to it that tests the boundaries of what it means for a product to be publicly disclosed. The case is G1/23 (‘solar cell’) and at issue is how Article 54(2) EPC and the concept of disclosure apply to a product that is available to the public but cannot be easily reproduced.