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Reformatio in peius survives a procedural violation (T 1168/24)

Sometimes patent law is about procedures and not inventions. The appeal in T 1168/24 related to the lipid nanoparticle (LNP) technology behind the COVID-19 vaccines, opposed by Merck and Moderna. After two rounds of opposition and two appeals, the patent was revoked for added matter. Whilst the global litigation surrounding LNPs is interesting in its own right, this case also raises some interesting legal issues surrounding the principle by which an appellant should not be put in a worse position by their own appeal ( reformatio in peius ). The Board of Appeal found that this principle continues to bind a Patentee who withdraws their appeal, even in cases where an opposition division (OD) decision is set aside for a violation of the right to be heard. The Patentee was left defending a narrow claim with an added matter problem which it could not then fix with a broadening amendment. Vaccine formulations  The commercial stakes were high in this case. The patent ( EP 2279254 ) was one...

Never Too Late: If you missed the IPKat last week!

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[Guest post] 3D-printed spare parts: IP and sustainability

Friday Fantasies

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The IPKat is getting a refresh!

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Reflections on LSPN Europe 2026

More colours, same problem: Olymp loses EU trade mark appeals

Never Too Late: If you missed the IPKat last week!

Lack of clarity by the backdoor: An ambiguity "may simply result in a broader interpretation" (T 0977/25)

Katcall Reminder

[Guest post] One hundred attempts through the WTO’s Dispute Settlement Purgatory