Applying G 2/21: Preliminary opinion from the referring Board of Appeal on post-filed evidence appeal (T 0116/18)
http://ipkitten.blogspot.com/2023/06/applying-g-221-preliminary-opinion-from.html Earlier this year, the Enlarged Board of Appeal (EBA) published its decision G 2/21 on the issue of post-published evidence. The question in G 2/21 was whether post-published evidence can be used to support a purported technical effect relied on for inventive step. In G 2/21, the EBA reiterated existing case law that,... Continue reading