G2/21 - Plausibility and Now?

Die Themen

- G2/21: guidance on when a technical effect demonstrated by post-filed data can be taken into account - Structured toolbox for mastering technical effect - Drafting tips for patent applications with reduced exposure to G2/21 challenges - Updates on how G2/21 has been applied so far - Workshop: insight into what G2/21 could mean for practice

Ziele

A doctrine of "plausibility" has been adopted by some patent offices, including the EPO, under which post-filed data that supports the existence of a "technical effect" is only evaluated where the application as originally filed renders the effect plausible.

This online course will turn on the issue of when a technical effect demonstrated by post filed data can be taken into account. An issue underlying the doctrine of "plausibility" is the extent to which the technical effect should be supported by the application as filed for any post filed evidence to be considered. There is a relationship between the role of a "technical effect" in protecting inventions and the level of disclosure of the technical effect that must be given in the application as filed.

The course will explore how this relationship has shaped outcomes in various cases and led to the referral to the EPO's Enlarged Board of Appeal before we turn to the EBA's guidance in G2/21. It seems to be common ground that G2/21 has not (yet) made the EPO practitioner's life easier. The abstractness of the criteria set forth by the EBA requires due consideration. We will also be exploring how the Board of Appeal and Opposition divisions have applied G2/21 thus far. We will re-engineer a number of past cases and their outcomes against the guidance given in G2/21.

Wer sollte teilnehmen?

Do you work in a corporate patent or IP or as external patent attorney, draft regularly European Patent applications and need to navigate plausibility?

Then this online course is designed for you.