In the latest development to the referral regarding whether post-published evidence can be used to prove the existence of a technical effect, the Enlarged Board of Appeal have scheduled the G 2/21 hearing for 24 November 2022. We will be reporting on the result as soon as it is available. In the meantime, read our primers on the background to the referral and likely consequences of the decision.
Related resources
Teva fined €462.6m for misuse of EPO patent system – time to rethink your divisional patent strategy?
In a rare but highly important decision involving European patents, the European Commission has recently found the pharmaceutical...
Changes to Marketing Authorisations and SPCs in the UK
The UK Intellectual Property Office (UKIPO) provided guidance on 31 October in relation to significant updates to marketing...
G1/23 – Does the Enlarged Board’s preliminary opinion shine a light on the state of the art?
The European Patent Office's Enlarged Board of Appeal has just given its preliminary opinion in respect of referral...
Does T 116/18 Tip the Balance in Favour of Patentees in the Post-Published Evidence Debate at the EPO?
The Enlarged Board of Appeal in G 2/21 established new requirements for determining when post‑published evidence can be...
G 1/22 and G 2/22: EPO Publishes Decision on Priority Entitlement
The EPO have published the eagerly anticipated G1/22 and G2/22 decision of the Enlarged Board of Appeal, providing...
Patent Law & Practice at a Glance
We regularly review changes to patent law and practice at the UKIPO, EPO and in other jurisdictions so...