G2/21 Plausibility
A new EPO referral to the enlarged BoA will determine whether post-filed data can be used to support inventive step Supporting data can be crucial to a patent application especially
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The Greenshoots Podcast by Appleyard Lees, Episode 27
In this episode, Appleyard Lees partners, patent attorneys, and experienced opposition specialists, Bobby Smithson and Jennifer Delaney, give their outlook on patent oppositions and appeals at the EPO in 2022. They discuss virtual hearings, how the latest Rules of Procedure of the Boards of Appeal have been implemented, and recent case law, including the pending referral to the Enlarged Board of Appeal: G2/21
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G2/21: what are the implications for opposition proceedings right now?
It appears that the EPO will stay proceedings in cases where the assessment of inventive step is exclusively reliant on whether post-published evidence can be taken into consideration.
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