Broadcast date: 10 October 2023 — Speakers: Ravi Srinivasan, Guy Brain
Almost six months have passed since the EPO's Enlarged Board of Appeal issued its written decision in G 2/21 concerning plausibility in the context of inventive step. The decision confirms that post-published data can in principle be used to support inventive step for a European application. However, the decision arguably raises more questions than it answers in defining when post-published data can be relied upon. In this webinar we will look at the decision in G 2/21, as well as how this might be applied by the EPO's Boards of Appeal and national courts. We will then consider best practice for European patent applications in light of this decision, and in particular whether any changes in approach are needed.
Topics include:
- The decision in G 2/21
- How G 2/21 is likely to be applied
- Plausibility considerations for patent applications– has anything changed?
This is a technical webinar aimed at:
- In-house IP practitioners working in the pharmaceutical and biotech sectors
- Attorneys involved in drafting, prosecuting and advising on patent applications for inventions dependent on a certain biological activity
- People involved in developing products for the biotech and healthcare sector in new and growing businesses or academic institutions
J A Kemp LLP acts for clients in the USA, Europe and globally, advising on UK and European patent practice and representing them before the European Patent Office, UKIPO and Unified Patent Court. We have in-depth expertise in a wide range of technologies, including Biotech and Life Sciences, Pharmaceuticals, Software and IT, Chemistry, Electronics and Engineering and many others. See our website to find out more.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
