Update On Plausibility: Plausibility After G 2 / 21 (Video)

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.