Plausibility & Inventive Step - Complex Issues Simplified for IP Lawyers & Patent Attorneys

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 over 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

This 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 plausibility threshold from the Supreme Court case Warner-Lambert and the Enlarged Board of Appeal in G 2/21
• The use of post-published evidence in assessing plausibility
• Unanswered questions on plausibility

This webinar was recorded on 22nd November 2023