Xiaohui Wu and Jianhui Li of Wanhuida Intellectual Property discuss the crystalline form patent application when determining the inventive step Given that China’s Guidelines for Patent Examination ...
Lawyers at Lavoix provide an overview of the UPC’s approach to inventive step and whether the forum is promoting its own approach rather than following the EPO In patent litigation in Europe, validity ...
Post-published evidence can be crucial to establishing patentability. G 2/21, the European Patent Office (EPO)’s referral to the Enlarged Board of Appeal (EBA) on the question of whether ...
Is the United States’ Nonobviousness Test ‘Plausibly’ Similar to the EPO/UK Inventive Step Standard?
“U.S. courts have made clear that mere plausibility is not the test for enablement, finding that patentees could otherwise obtain patent rights to purported inventions consisting of little more than ...
“The CD did not set out any alternative methodology for assessing inventive step, but it explicitly disapproved of the ‘closest prior art’ approach and thereby implicitly rejected the ...
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