Reasons for an EBA referral on plausibility, post-published evidence and problem-solution
The IPKat
SEPTEMBER 21, 2021
As recently reported here on IPKat , we are imminently expecting a referral to the Enlarged Board of Appeal (EBA) on the issue of using post-filed data to support plausibility for inventive step. The Board of Appeal, however, also noted conflicting decisions in which the criterion for ab-initio plausibility had not been applied.
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