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Last year, the EPO’s Enlarged Board reshaped how we think about prior art.
In decision G 1/23 (2 July 2025), it clarified that products made publicly available before a patent filing date qualify as prior art — even if they cannot be analysed or reproduced.
The decision marks a clear shift from earlier case law (G 1/92), removing the practical “reproducibility” barrier.
This means that market availability alone can destroy novelty, and early patent filing is more critical than ever.
Read the full article by Frederik Bernstorff, aera and John Carlund, Rouse here.
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