According to the document on EPOLINE: “Information about the result of oral proceedings” the patent is revoked as it did not meet the requirements of EPC art. 101 (3)(b).
So what does that mean?
According to the European Patent Convention, it means: ”
“(3) If the Opposition Division is of the opinion that, taking into consideration the amendments made by the proprietor of the European patent during the opposition proceedings, the patent and the invention to which it relates
(b) do not meet the requirements of this Convention, it shall revoke the patent. “
So thats the official statement from EPO at this point.
In the official (and now translated) statement from Bioporto, they claim that: “The EPO’s opinion is that there is an insufficient description in the patent to perform the method as specified in claim 1.”
So what does claim 1…. well claim?
It claims 2 thing.
1: That you can measure the likelihood of a renal disorder, by measuring in bodily fluids, and thereby determine the concentration of NGAL in this bodily fluid, and if….
2: the concentration is over 250 Ng/ml, it is indicative of a renal disorder.
So either its the 250 ng/ml, or the use of any bodily fluid that is beeing questioned by the EPO OD.
Lets focus on that, and find out what we can.
