by Sean Hutchinson | Jun 12, 2024 | EPO
Background In our article of January 2024, we reported that the opponent in the case underpinning the “plausibility” referral (G 2/21) had filed a petition for review of the referring board’s decision (T 116/18) by the Enlarged Board of Appeal. That petition is...
by Carolyn Haywood | Mar 27, 2024 | EPO
Priority Historically, the EPO have assessed formal entitlement to priority quite strictly. In scenarios where a priority application is filed by joint applicants, all of them, or their respective successors in title, must be named on the subsequent priority claiming...
by Sean Hutchinson | Jan 25, 2024 | EPO
When the EPO’s Enlarged Board of Appeal issued its decision in G 2/21 (the “plausibility” referral), many were left wondering what the requirements were for a patent applicant/proprietor to be able to rely on post-filed evidence in support of inventive step. However,...
by Sean Hutchinson | Dec 21, 2023 | EPO
Our Headnote It seems that the era of “plausibility” is over, and there may now be little, if any, consideration given to whether the technical effect was plausible / not implausible in view of the application as filed. Instead, emphasis is now placed on the “broadest...
by Chloe Sullivan | Dec 20, 2023 | EPO
The case has now been remitted to the ED after it was found by the Board that several substantial procedural violations were committed. Below is our timeline of the examination procedure and it is safe to say that, after considering the facts, we are siding with the...
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