N, IS, U

Question 1

Which EPC Article governs and what are the Exceptions to patentability?

Answer 1

A52(2) and (3)

EXCLUSIONS
(a) Discoveries, scientific theories and mathematical methods
(b) Aesthetic creations
(c) Schemes, rules and methods for performing mental acts, playing games or doing business, and programs for computers;
(d) Presentations of information

Question 2

What are the criteria for a sub-range selected from a broader numerical range of the prior art to be considered novel?

Answer 2

T 216/15
Subrange must be:
(a) Narrow compared to the known range
(b) Sufficiently far removed from any specific examples disclosed in the PA

Question 3

What is the question to ask about the PSA when considering Novelty of a subrange?

Answer 3

Would the PSA, in the light of the teaching of the prior art, seriously contemplate working in the selected sub-range

Question 4

What is the question to ask about the PSA when considering Inventive Step of a subrange?

Answer 4

Would the PSA “have tried, with reasonable expectation of success”, to bridge the technical gap between a particular piece of PA and a claim whose inventiveness is in question

Question 5

What is the novelty test of Selection invention (Subrange)?

Can you name the LB?

Answer 5

Subrange is:
- narrow compared to disclosed range
- significantly far-removed from any disclosed specific value

A54(2)
T 216/15