BREAKING NEWS: G 2/21 decision is out - Plausibility
Today, the Boards of Appeal have published the News message shown below (no changes made, except emphasis added):
Press Communiqué of 23 March 2023 on decision G 2/21 of the Enlarged Board of Appeal
23 March 2023
Background
The Enlarged Board of Appeal is the highest judicial authority under the European Patent Convention (EPC). Its main task is to ensure the uniform application of the EPC.
Technical Board of Appeal 3.3.02 referred questions on the principle of free evaluation of evidence and the notion of "plausibility" in the context of inventive step to the Enlarged Board of Appeal. With regard to the latter, the referring board identified three different lines of case law (see interlocutory decision T 116/18, Reasons 13.4-13.6).
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