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News and commentary on IP issues

Defining Your Patient Group – A Cautionary Tale

Wednesday, 21 May 2025

Katherine Ellis

Patents

The recent EPO appeal decision T0589/22 discusses the requirement of plausibility in a diagnostic method case, but also provides a cautionary tale regarding defining a patient group in a claim. At the European Patent Office, for a therapeutic application (and by extension, a diagnostic application) to be considered sufficiently disclosed, the ...

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sufficiency plausability diagnostic methods evidence interpretation

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Plausibility at the EPO - Enlarged Board of Appeal decision G2/21

Monday, 27 March 2023

Super User

Patents

The long-awaited Enlarged Board of Appeal decision G2/21 has finally been issued. It confirms that evidence submitted in support of inventive step cannot be disregarded solely on the ground that such evidence had not been public before the filing date and was only filed after that date. The background to this Decision and the referral to the E...

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inventive step sufficiency EPO evidence Plausibility

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