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News & Analysis

EPO’s Enlarged Board of Appeal rules in G 1/23 on the interpretation of “reproducibility”

07 November 2025 by Società Italiana Brevetti (SIB)

In its decision in case G 1/23, the Enlarged Board of Appeal of the European Patent Office has delivered a decisive interpretation of Article 54(2) EPC, removing reproducibility as a condition for a product to constitute prior art.
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Sterne Kessler Goldstein & Fox - United States (National)
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Alston & Bird - United States (National)
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Grau & Angulo - Spain

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Finnegan Henderson Farabow Garrett & Dunner - United States (National)
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Banner Witcoff - United States (National)
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Perkins Coie - United States (National)
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Adams & Adams - South Africa

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Hoyng Rokh Monegier - France
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Kestenberg Litigation - Canada
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