PATENT | EPO Board of Appeal on patentability of an infant formula
On 23 April 2024, the EPO Board of Appeal (“BoA”) issued a decision on case T 0815/22, concerning revocation of a patent claiming a breastfeeding substitute consisting of lipid granules promoting infant growth. In particular, the BoA revoked the patent considering that providing normal nutrition to an infant – despite preventing malnourishment and potential diseases – does not per se qualify as a medical treatment. In any event, the claimed subject lacked novelty in that previously disclosed infant formulas were suitable for the uses claimed by the revoked patent.
Newsletter n. 99 – August/September 2024