Plausibility, Sufficiency, and Inventive Step: Deliberations for Formulation and Combination Patents

December 1, 2022 2:30pm

Plausibility in the context of the inventive step and sufficiency requirements can be a contentious issue. To discern whether an invention is purely speculative, the Boards of Appeal of the EPO developed the doctrine of plausibility in the context of sufficiency of disclosure as well as inventive step.

As we await the Board of Appeal to issue the written decision, this session will consider in what situations post-published evidence can be considered to support the effect of the invention.

Topics of discussion will include:

  • Understanding in what situations post-published evidence can be considered to support the effect of the invention
  • Overcoming the key challenges and hurdles currently being faced in obtaining formulation, combination and second medical use patents in Europe (as related to showing plausibility, sufficiency and inventive step)
  • Incorporating the latest EPO and national case law into your strategies for procuring, maintaining and enforcing these types of patents
  • Striking the balance between securing an early filing date and overcoming the plausibility hurdle