Decision G 2/21 is out!

Case Law | 24.03.2023

The Enlarged Board of Appeal has issued its decision in G 2/21, which will have a significant impact on the role of plausibility in assessing sufficiency of disclosure and inventive step both at the EPO and in national courts of the EPC contracting states.

The Board found that plausibility is not a distinct condition of patentability, and gave guidance on when technical effects can be relied upon for the assessment of sufficiency of disclosure and inventive step.

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