1
Type Speaker CPD Hours Level
Webinar
1 AdvancedInformation
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SRA Competency B

Introduction

In addition to the 'classic' approach to determining inventive step, which asks whether the invention was obvious to a person skilled in the art, a threshold step of 'plausibility' has emerged from EPO case law.

First introduced into UK patent law a decade ago, plausibility has been applied in a number of inventive step cases, and is now an important and unavoidable issue.

This webinar will explain plausibility and bring you up-to-date on what we know about its application in the inventive step context.

What You Will Learn

The webinar will cover the following:

  • How plausibility arose in the EPO in the problem-and-solution context
  • Why plausibility has been applied in English cases on inventive step
  • A brief look at why plausibility also applies to other fields of patent law
  • What do we know about the level of the inventive step plausibility threshold from the EPO (dasatinib T/ T 0488/16) and the Supreme Court of insufficiency (Warner-Lambert?)
  • Evidence of plausibility and the potential for plausibility / obviousness squeezes
  • Unanswered questions on plausibility

This webinar was recorded on 8th October 2019

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