[EPO decision] T 0070/23 (Immunogenic compositions/GSK)
Article information
Content type: Administrative decision note
Categories: Europe
Issues: Claim interpretation / Inventive step
First published on this site: 2026-10-03
Display and classification checked: 2026-10-03
[EPO decision] T 0070/23 (Immunogenic compositions/GSK)
<Issue>
Whether “therapeutic efficacy,” which is not expressly stated in the claim, should be included in claim construction as an implicit functional feature based on the specification.
<Board's decision>
Where the claim itself is clear, the description cannot be used to give it a restrictive interpretation.
Furthermore, the passage in question was general and did not substantiate any specific efficacy.
⇒ The patent was revoked for lack of inventive step and other reasons.
Original article: https://lnkd.in/gAmi_dww
Original source shown in the LinkedIn preview: https://www.epo.org/en/boards-of-appeal/decisions/t230070eu1
Originally posted on LinkedIn: https://www.linkedin.com/feed/update/urn:li:activity:7511585634927419392/
Update and correction history
Dated entries are added for corrections, supplements, classification, display, and related-article changes, separately from the first publication date.
2026-10-03: First publication on this site from the LinkedIn original.
Consultation guide by purpose: https://www.takaishihideki.com/en/single-post/consultation-guide-en
Comments