servickuz / shutterstock.com
Plausibility in the context of the inventive step and sufficiency requirements can be a contentious issue before the European Patent Office. Markus Grammel of Grünecker reports.
The European Patent Office (EPO), as the central organ of the European patent system, rewards inventors or their legal successors for their technical contribution to art with patent monopolies, fostering and stimulating innovation.
It is therefore a central pillar of the EPO’s practice to weed out purely speculative patents that do not make a technical contribution at the filing date.
To assess whether an invention is purely speculative, the Boards of Appeal of the EPO have developed the doctrine of “plausibility” in the context of sufficiency of disclosure/enablement as well as inventive step/non-obviousness. Plausibility is also sometimes applied when considering industrial applicability.
To continue reading this article and to access our full archive, digital magazines and special reports you will need a subscription.
If you have already subscribed please login.
For multi-user price options, or to check if your company has an existing subscription we can add you into, please email Atif at email@example.com
If you have any technical issues please email tech support.
For access to the complete website and archive choose '12 MONTH SUBSCRIPTION'. For a free, two-week trial select ‘TWO WEEK FREE TRIAL’.
EPO, Grünecker, inventive step, Boards of Appeal, pharmaceutical, biotech, patent filings, medical use claims, prior art, plausibility, claimed compounds