Application of G 2/21 in recent Board of Appeal decisions (T 1822/23 and T 432/24)
This post looks at two recent decisions of the EPO Boards of Appeal in which the Boards considered whether the proprietor could rely on an alleged technical effect for inventive step in view of G 2/21. Read more in our latest blog post.
‘Bonus’ effect under EPO practice
The concept of a ‘bonus’ effect refers to a situation where inventive step is denied despite the presence of an unexpected technical effect. Although relatively rare, it has been applied in a number of decisions of the Boards of Appeal. Read more in the latest blog post.
More guidance on applying G 2/21 - T 1950/23
T 1950/23 is a further decision applying the principles of G 2/21, addressing the assessment of compliance with its requirements and the circumstances in which post-published data may be relied upon in the evaluation of inventive step. Read more in the latest article.
T 1847/23 - technical effect not taken into account in view of G 2/21
T 1847/23 demonstrates how application of G 2/21 could differ between different instances of the EPO; in the present case, the Opposition Division found in the favour of the patentee, while the Board took a stricter approach and did not allow the patentee to rely on the purported technical effect in question. Read more in the latest article.
Webinar on EPO practice: G 2/21 and Inventive Step – Reliance on a Purported Technical Effect
In this on-demand webinar, we review selected decisions applying G 2/21 and share key takeaways for those working with European patent portfolios, particularly in the chemical and pharmaceutical sectors.
There’s an alternative, and then there’s an ‘alternative’ - T 1468/23
In T 1468/23, the EPO’s Board of Appeal overturned the reasoning of the Opposition Division on inventive step after reassessing the comparison between the claimed invention and the closest prior art. Read more in the latest blog post.