Deciphering Plausibility: Post-Publication Evidence in Inventive Step and the EPO’s G2/21 Decision

May 29, 2024 2:45pm

Oliver Kingsbury
Partner
Elkington + Fife LLP

Thomas Wolter
Partner
Mewburn Ellis LLP

This session will outline the nuances of the EPO Enlarged Board of Appeal’s G 2/21 decision, focusing on its implications for plausibility and inventive step in patent law. Discussion points include:

  • Outlining the guiding principles set by the Enlarged Board for using post-published evidence in inventive step assessment
  • Detailing the impact of the decision on determining inventive step and drafting patent applications
  • Implementing a case-by-case application of the guidelines and their influence on different technical fields
  • Devising strategies for effectively incorporating post-published evidence in light of the G 2/21 decision