European Patent Office

T 0036/23 (Production of oligonucleotides/GSK) of 01.04.2025

European Case Law Identifier
ECLI:EP:BA:2025:T003623.20250401
Date of decision
1 April 2025
Case number
T 0036/23
Petition for review of
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Application number
17739936.7
Language of proceedings
English
Distribution
No distribution (D)
OJ versions
No OJ links found
Other decisions for this case
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Abstracts for this decision
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Application title
Novel processes for the production of oligonucleotides
Applicant name
GlaxoSmithKline Intellectual Property Development Limited
Opponent name
JG Oppositions Limited
Janssen Pharmaceutica N.V.
Board
3.3.08
Headnote
-
Relevant legal provisions
European Patent Convention Art 100(b)European Patent Convention Art 83Rules of procedure of the Boards of Appeal 2020 Art 012(2)Rules of procedure of the Boards of Appeal 2020 Art 012(3)Rules of procedure of the Boards of Appeal 2020 Art 012(4)Rules of procedure of the Boards of Appeal 2020 Art 012(5)Rules of procedure of the Boards of Appeal 2020 Art 012(6)
Keywords
Sufficiency of disclosure - (no)
Sufficiency of disclosure - undue burden (yes)
Amendment to case - reasons for submitting amendment in appeal proceedings (no)
Late-filed evidence - should have been submitted in first-instance proceedings (yes)
Late-filed evidence - circumstances of appeal case justify admittance (no)
Statement of grounds of appeal - party's complete appeal case
Statement of grounds of appeal - reasons set out clearly and concisely (no)
Discretion not to admit submission - requirements of Art. 12(3) RPBA 2020 met (no)
Catchword
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Citing cases
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Order

For these reasons it is decided that:

1. The decision under appeal is set aside.

2. The patent is revoked.