G 2/21: Did the invention as originally disclosed embody the technical effect?
MARCH 24, 2023
The Enlarged Board of Appeal (EBA) has released its written decision in G 2/21 on the question of post-published evidence. In G 2/21 , the EBA consciously avoids the rabbit hole of plausibility, dismissing it as a generic catch word that does not amount to a distinctive legal concept. For the EBA, the substantive question at the heart of G 2/21 is a familiar one that needs no reference to plausibility.
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