Remove topics the-enlarged-board-of-appeals
article thumbnail

The IPKat EPO Boards of Appeal Year in Review 2023

The IPKat

G2/21 and the mysteries of plausibility The topic that this Kat has spent the most electronic ink on this year is undoubtedly G 2/21. Readers looking for some clarity on G 2/21 may wish to skip straight to the recent referring Board's interpretation of G 2/21 in T 0116/18.

Invention 110
article thumbnail

Never Too Late: If you missed the IPKat last week

The IPKat

In the first post she discussed the Copyright Amendment Bill in relation to the fact that, recently, the South Africa’s National Council of Provinces had began the first set of public hearings on the same topic. As we reached the beginning of March , here is the first round-up post of the Spring month.

Designs 67
Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Trending Sources

article thumbnail

Construing the claims to include technical effects mentioned in the description (T 1924/20)

The IPKat

Claim interpretation is the current hot-topic at the EPO , specifically the extent to which the description should be taken into account in claim interpretation. According to these Board of Appeal decisions, inconsistencies between the claims and the description would confuse the skilled person over how to interpret the claim language.

article thumbnail

G 2/21: Did the invention as originally disclosed embody the technical effect?

The IPKat

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.

Invention 131
article thumbnail

Plausibility demystified - a review of EPO case law before G 2/21

The IPKat

The European patent attorney community is currently eagerly awaiting the decision of the Enlarged Board of Appeal referral G 2/21 on the thorny topic of plausibility and post-filed evidence. Establishing the plausibility of an invention is often considered a higher bar than the standard sufficiency test.

Invention 131
article thumbnail

Pandemic measures cease but ViCo Boards of Appeal oral proceedings continue

The IPKat

The announcement ( here ) states that going forward it will now be at the discretion of individual Boards of Appeal to summon parties to and conduct oral proceedings either in person or by VICO. The EPO has also launched a user consultation on the implementation of Board of Appeal oral proceedings by videoconference (ViCo).

article thumbnail

Reasons for an EBA referral on plausibility, post-published evidence and problem-solution

The IPKat

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. Case background: Insecticides and synergy Not one of her favourite patent cases.