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Patents, plausibility and data: one year on from G 2/21

02.04.2024

Patents, plausibility and data: one year on from G 2/21

On 23 March 2023, the European Patent Office (EPO) Enlarged Board of Appeal (EBA) published its decision in case G 2/21, concerning plausibility in patent applications. The decision provided useful guidance on how much data needs to be disclosed in a patent application to overcome objections based on the grounds of lack of inventive step and insufficiency. One year on, we take a look at how the EPO has been applying this standard in the life sciences field.

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