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News and commentary on IP issues

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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Tags:

inventive step sufficiency EPO evidence Plausibility

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Patent Sufficiency reconsidered by UK Court of Appeal

Monday, 27 September 2021

Katherine Ellis

Patents

This Court of Appeal Decision concerned two families of patents held by FibroGen:Family A and Family B relating to H1F-PH inhibitors for the treatment of (respectively) CKD anaemia (anaemia associated with chronic kidney disease) and ACD (anaemia of chronic disease).Family A was published before the relevant priority date of Family B, and so i...

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Tags:

sufficiency Plausibility Undue Burden Insufficiency Enablement

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