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...
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...
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...
In this decision the Hearing Officer noted that a marketing authorisation is focused on what a product is rather than what it does. Consequently, a change in how the authorised product is used does not alter the basis of the original marketing authorisation....
In the case of Neurim and Flynn v Mylan [2022] EWCA Civ 699 The Court of Appeal has issued a decision finding that the plausibility of a therapeutic effect can be demonstrated using subjective data obtained by questioning the users of a pharmaceutical product....
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