Referral G 1/23 – Which parts of a disclosure belong to the prior art?
Under decision G 1/92 an invention has become known if a person skilled in the art is able to analyse and reproduce the invention without undue burden on the basis of the prior disclosures. However, the interpretation of these requirements is ambiguous which has led to different outcomes. The referral G 1/23 asks for clarification on three issues, in particular with respect to chemical compositions, in order to unify practices.
News | 1.8.2023
