by Sean Hutchinson | Jan 25, 2024 | EPO
When the EPO’s Enlarged Board of Appeal issued its decision in G 2/21 (the “plausibility” referral), many were left wondering what the requirements were for a patent applicant/proprietor to be able to rely on post-filed evidence in support of inventive step. However,...
by David Eyre | Jan 22, 2024 | US & International
Background – Skinny Labelling Enacted by the Hatch–Waxman Act In 1984, the US Congress introduced a law called the Drug Price Competition and Patent Term Restoration Act, or the “Hatch–Waxman” Act after the two sponsors of the bill: Representative Henry Waxman and...
by Sean Hutchinson | Dec 21, 2023 | EPO
Our Headnote It seems that the era of “plausibility” is over, and there may now be little, if any, consideration given to whether the technical effect was plausible / not implausible in view of the application as filed. Instead, emphasis is now placed on the “broadest...
by Carolyn Haywood | Aug 11, 2023 | EPO
Background to the referral The referral comes from Board 3.3.03 in the consideration of T 0438/19, an appeal against the decision of the opposition division to reject an opposition against European patent no. 2626911 directed to a material for encapsulating a solar...
by David Eyre | May 25, 2023 | EPO
In laboratory practice the production of new antibodies is now often considered routine with a desired epitope synthesised and used to raise antibodies to that specific sequence. Accordingly under European practice the EPO views generating antibodies against any known...
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