http://ipkitten.blogspot.com/2025/07/peas-and-peculiarities-of-product-by.html
The recent decision T 1065/23 of the Boards of Appeal related to the patentability of product-by-process claims. The decision confirmed that for such claims, the key question for both novelty and inventive step is whether the claimed process imparts unique and non-obvious properties to the final product. The decision thus also confirms that once a patent is granted, an opponent cannot
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