T 1708/18 (PCSK9 variants/BRISTOL-MYERS SQUIBB) of 14.02.2022
- European Case Law Identifier
- ECLI:EP:BA:2022:T170818.20220214
- Date of decision
- 14 February 2022
- Case number
- T 1708/18
- Petition for review of
- -
- Application number
- 07873840.8
- IPC class
- A61K 38/00C12N 9/64
- Language of proceedings
- English
- Distribution
- No distribution (D)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- Abstract on EPC2000 Art 117
- Application title
- Polynucleotides encoding novel PCSK9 variants
- Applicant name
- Bristol-Myers Squibb Company
- Opponent name
- Regeneron Pharmaceuticals, Inc.
Sanofi
Pfizer Inc. - Board
- 3.3.04
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 54
- Keywords
- Novelty - (no)
- Catchword
- 1. The issue of which standard of disclosure applies when assessing the legal question of novelty and the issue of which standard of proof applies when assessing evidence and factual questions are distinct and unrelated. The fact that the standard of disclosure required for a finding of lack of novelty (or for allowing an amendment to the application under Article 123(2) EPC) is the standard of a direct and unambiguous disclosure is immaterial for the question of what standard of proof applies when considering evidence and factual issues in the context of novelty (or inventive step) (see point 16).
2. The standard of proof generally applied at the EPO for deciding on an issue of fact is the balance of probabilities. According to this standard, the EPO must base its decisions on statements of fact which, based on the available evidence, are more likely than not to be true. This standard also applies when examining factual issues in the context of novelty (see point 14). - Citing cases
- T 0358/22
Order
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The patent is revoked.