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Product on market is prior art even if not reproducible, EPO rules

( July 2, 2025, 14:51 GMT | Official Statement) -- MLex Summary: A product sold before a patent’s filing date is part of the prior art — even if a skilled person cannot fully reproduce it, the Enlarged Board of Appeal of the European Patent Office ruled. The case stems from Borealis' appeal of EPO’s Opposition Division decision to uphold Mitsui Chemicals’ European Patent 2,626,911 for a solar cell encapsulating material. Borealis argued that the commercial product rendered the patent obvious. The issue was whether such a non-reproducible product could qualify as prior art.The decision is attached. ...

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