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Article
Developing Rod Patterns In Nuclear Reactors Based On A Simulation: Non-Technical
The European Patent Office refused to grant a patent for a method of developing rod patterns in nuclear reactors based on simulation, ruling that the claimed features do not produce a technical effect. This decision examines whether simulation results for reactor design constitute technical contributions when the rod patterns are not directly implemented in actual reactors and may have non-technical uses such as study purposes.
European Union IP
BP
Bardehle Pagenberg
Article
New EBA Referral G1/26
The Enlarged Board of Appeal will address fundamental questions about how patent claims should be interpreted using the description and drawings, and what this means for assessing whether amendments introduce added subject-matter. Three competing approaches have emerged in Board of Appeal decisions following G 1/24, each leading to different outcomes when determining if claim amendments extend beyond the original application.
Germany IP
CR
Carpmaels & Ransford LLP
Article
LD Mannheim, June 16, 2026, Infringement Action, Counterclaim, UPC_CFI_86/2025
An intangible data stream, like a video bitstream, is a “product” under Art. 25(a) and 25(c) UPCA, allowing direct enforcement of encoding patents against streaming services. There is no relevant difference between data on a physical carrier and data transmitted over a network; the carrier has no technical significance for the data’s use. The bitstream is therefore a product under Art. 25(a) UPCA despite the absence of a data carrier (para. 174).
Germany IP
BP
Bardehle Pagenberg
Article
Determining A Resource Allocation For Controlling A Facility’s Equipment: Non-technical
The European Patent Office's Technical Board of Appeal examined whether an energy optimization system for facilities participating in capacity market programs involves patentable technical features. The Board considered whether optimizing resource allocation based on dispatch probability, raw baselines, and CMP-specific constraints constitutes technical innovation or merely financial optimization driven by contractual obligations and profit maximization.
Germany IP
BP
Bardehle Pagenberg
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