The IP Federation has submitted observations at the European Patent Office as amicus curiae in respect of Enlarged Board of Appeal case G 1/23 (“solar cell”). This relates to when prior use is excluded from the prior art for lack of enablement.

Although we have submit this statement after the date requested, the IP Federation politely requests that the Enlarged Board nevertheless considers these concise submissions. We would also like to express our support for the views contained in the amicus curiae brief of the Chartered Institute of Patent Attorneys (CIPA) in relation to this referral.

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