epi’s letter to the EPO „Request for Referral to the Enlarged Board of Appeal – Selection Inventions” and the Corresponding Response Letter of the EPO
As reflected by the articles of Derk Visser (Novelty test for sub-ranges) and Roel van Woudenberg (EPO Guidelines November 2019: purposive selection no longer needed for novelty of sub-ranges?), there have recently been discussions in our profession about the novelty of selected sub-ranges, in particular regarding purposive selection. Our Institute has recently written to the President of the EPO, requesting him to refer this question to the Enlarged Board of Appeal. epi‘s letter and the EPO’s response declining to proceed are reproduced below. Should our readers be involved in an appeal involving the selection of a continuous sub-range, they may wish to request a referral of this question under Article 112(1)(a) EPC as being a point of law of fundamental importance.