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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 - EPO stays proceedings in view of Enlarged Board Referral

Thursday, 02 December 2021

Katherine Ellis

Patents

The European Patent Office has announced a stay of all examination/opposition proceedings involving applications/patents in which the assessment of inventive step is exclusively based on evidence that was not publicly available before the filing date, and in which the decision depends entirely on the outcome of Referral G2/21 (Plausibility), u...

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European Patent Office plausability EPO patents inventive step

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