These provisions for “second medical use” also rely on the claims for use in a method of treatment being interpreted to include the physiological or technical effect of the treatment as being a functional feature of the claim. However, the interpretation...
Background In our article of January 2024, we reported that the opponent in the case underpinning the “plausibility” referral (G 2/21) had filed a petition for review of the referring board’s decision (T 116/18) by the Enlarged Board of Appeal. That petition is...
When the EPO’s Enlarged Board of Appeal issued its decision in G 2/21 (the “plausibility” referral), many were left wondering what the requirements were for a patent applicant/proprietor to be able to rely on post-filed evidence in support of inventive step. However,...
Background – Skinny Labelling Enacted by the Hatch–Waxman Act In 1984, the US Congress introduced a law called the Drug Price Competition and Patent Term Restoration Act, or the “Hatch–Waxman” Act after the two sponsors of the bill: Representative Henry Waxman and...
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...
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