Case law - prior art

Question 1

G6/88 Plant growth regulating agent – second non-medical indication

Answer 1

A claim to the use of a known compound for a particular purpose, which is based on a technical
effect that is described in the patent, should be interpreted as including that technical effect as a functional technical feature, and is accordingly not open to objection under Article 54(1) EPC
provided that the technical feature has not previously been made available to the public.

This case corresponds with G2/88, above.

Question 2

G1/92 Availability to the public

Answer 2

The chemical composition of a product is state of the art when the product as such is available to the public and can be analysed and reproduced by the skilled person, irrespective of whether or not particular reasons can be identified for analysing the composition.
The same principle applies mutatis mutandis to any other product.

Question 3

G3/98 and G2/99 Calculation of the six-month period under Article 55(1) EPC

Answer 3

For the calculation of the six-month period referred to in Article 55(1) EPC, the relevant date is the date of the actual filing of the European patent application. The date of priority is not considered in calculating this period.