Law-Now
20 Aug 2025 ·
International
A phase III clinical trial protocol does not by itself provide a reasonable expectation of success of the investigated treatment (T 122/23)
1 min read
To date, a number of EPO Board of Appeal decisions support the argument that the publication of a clinical trial protocol can establish a “reasonable expectation of success” when there is no evidence showing that a person skilled in the art was “dissuaded”;...
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