1.4.4 The essentiality or three-point test
This section has been updated to reflect case law up to 31 December 2025. For the previous version of this section please refer to the "Case Law of the Boards of Appeal", 11th edition (PDF). |
The board in T 1472/15, citing T 2311/10 and T 1852/13, held that, contrary to how T 331/87 had often been misinterpreted, the "essentiality test" was not absolute vis-à-vis the "gold standard" and could merely be used as an aid in ascertaining what had been originally disclosed (see also e.g. T 648/10, T 755/12, T 2095/12, T 2599/12, T 46/15, T 1420/15, T 85/16 and T 1189/16). The "essentiality test" cannot take the place of the "gold standard" (T 172/17, T 1134/19 and T 227/23).