New referral expected to the EBA on the use of post-published data to support inventive step
http://ipkitten.blogspot.com/2021/08/new-referral-to-eba-on-use-of-post.html A Board of Appeal is about to refer questions to the Enlarged Board of Appeal (EBA) on the ability of a patentee to rely on post-published evidence to support the inventive step of a claim, and particularly to support the plausibility that the technical problem has been solved over the... Continue reading