ARTICLE
5 September 2025

Patenting Polymorphs At The EPO (Video)

HL
HGF Ltd

Contributor

HGF is one of Europe's largest firms of intellectual property specialists in Europe, with 21 offices across the UK, The Netherlands, Germany, Austria, Switzerland and Ireland. The firm's trade mark attorneys, patent attorneys and IP solicitors provide an integrated IP solution for clients.
Prior art must necessarily lead to the claimed polymorph to be novelty destroying...
United Kingdom Intellectual Property

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Video overview:

  1. Novelty and Inventive Step
  • Prior art must necessarily lead to the claimed polymorph to be novelty destroying
  • Watch out for inherent disclosures in prior art—methods may implicitly produce polymorphs even if structural data isn't provided.
  • Provide experimental evidence if needed to show prior art does not produce the claimed polymorph.
  • Emphasise any advantages or unexpected properties of the polymorph, supported by data, to support an inventive step
  1. Clarity
  • Provide a clear, precise definition of the polymorph.
  • Clearly define the crystalline form using appropriate physicochemical parameters and measurement conditions.
  1. Sufficiency
  • Clearly describe how to prepare the polymorph. If preparation requires seeding crystals, disclose how to prepare the seed in the application

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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