UPC_CoA_602/2025

Decisions and documents (1)

• 2026-10-21procedural

  1. A manufacturing method of a publicly used product is made available to the public by use pursuant to Art. 54(2) EPC if, at the relevant date, the person skilled in the art could establish the method without undue burden by analysing the product’s composition. There is no support in the EPC for an additional requirement that the skilled person would need particular reasons for analysing the product. 2. Where a publicly available product discloses information which is relevant to the novelty of a claimed manufacturing method, the disclosure must be such that the skilled person can use the claimed method on the basis of their common general knowledge. Reproducibility of features which are not part of the claimed invention is not required.

  • Panel: Casper Struve, Carola Wagner, Emmanuel Gougé, Appeal Peter Blok🔒 Unlock Official PDF