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HGF Presents

Patenting Polymorphs at the EPO

September 2025

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

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