2024-12-04 2024-12-04 , online online, 1,280 € plus tax Dr. Thomas Wolter https://www.forum-institut.com/seminar/25031133-g2-21-plausibility-and-now/referenten/25/25_03/25031133-course-g221-plausibility-and-now_wolter-thomas.jpg G2/21 - Plausibility and Now?

This online course deals with the impact of G2/21 on plausibility and shall enable participants to reduce exposure to G2/21 challenges.

The Contents of Your Course
  • G2/21: guidance on when a technical effect demonstrated by post-filed data can be taken into account
  • Structured toolbox for mastering technical effect
  • Drafting tips for patent applications with reduced exposure to G2/21 challenges
  • Updates on how G2/21 has been applied so far
  • Workshop: insight into what G2/21 could mean for practice


Who should attend
Do you work in a corporate patent or IP or as external patent attorney, draft regularly European Patent applications and need to navigate plausibility? Then this online course is designed for you.
The Obkectives of Your Course
A doctrine of "plausibility" has been adopted by some patent offices, including the EPO, under which post-filed data that supports the existence of a "technical effect" is only evaluated where the application as originally filed renders the effect plausible.

This online course will turn on the issue of when a technical effect demonstrated by post filed data can be taken into account. An issue underlying the doctrine of "plausibility" is the extent to which the technical effect should be supported by the application as filed for any post filed evidence to be considered. There is a relationship between the role of a "technical effect" in protecting inventions and the level of disclosure of the technical effect that must be given in the application as filed.

The course will explore how this relationship has shaped outcomes in various cases and led to the referral to the EPO's Enlarged Board of Appeal before we turn to the EBA's guidance in G2/21. It seems to be common ground that G2/21 has not (yet) made the EPO practitioner's life easier. The abstractness of the criteria set forth by the EBA requires due consideration. We will also be exploring how the Board of Appeal and Opposition divisions have applied G2/21 thus far. We will re-engineer a number of past cases and their outcomes against the guidance given in G2/21.
Your benefit

  • Both sides covered: the innovatorfriendly approach and what opponents will try to make out of G2/21
  • Structured toolbox for mastering technical effects

Course - G2/21 - Plausibility and Now?

G2/21 - Plausibility and Now?

Benefits
  • Important issue in practice
  • Be prepared for G2/21 challenges
  • Practical learning through workshop

Webcode 25031133

Book now

JETZT Buchen

Speakers


Everything at a glance

Appointment

27/03/2025

27/03/2025

Period

From 09:00 - 17:00 CET

From 09:00 - 17:00 CET
Venue

online

online

Fee
Your contact

Jean-Claude Alexandre Ho, LL.M.
Lawyer, Conference Manager

+49 6221 500-675
jc.alexandreho@forum-institut.de

Details

This online course deals with the impact of G2/21 on plausibility and shall enable participants to reduce exposure to G2/21 challenges.

The Contents of Your Course

  • G2/21: guidance on when a technical effect demonstrated by post-filed data can be taken into account
  • Structured toolbox for mastering technical effect
  • Drafting tips for patent applications with reduced exposure to G2/21 challenges
  • Updates on how G2/21 has been applied so far
  • Workshop: insight into what G2/21 could mean for practice


Who should attend
Do you work in a corporate patent or IP or as external patent attorney, draft regularly European Patent applications and need to navigate plausibility? Then this online course is designed for you.

The Obkectives of Your Course

A doctrine of "plausibility" has been adopted by some patent offices, including the EPO, under which post-filed data that supports the existence of a "technical effect" is only evaluated where the application as originally filed renders the effect plausible.

This online course will turn on the issue of when a technical effect demonstrated by post filed data can be taken into account. An issue underlying the doctrine of "plausibility" is the extent to which the technical effect should be supported by the application as filed for any post filed evidence to be considered. There is a relationship between the role of a "technical effect" in protecting inventions and the level of disclosure of the technical effect that must be given in the application as filed.

The course will explore how this relationship has shaped outcomes in various cases and led to the referral to the EPO's Enlarged Board of Appeal before we turn to the EBA's guidance in G2/21. It seems to be common ground that G2/21 has not (yet) made the EPO practitioner's life easier. The abstractness of the criteria set forth by the EBA requires due consideration. We will also be exploring how the Board of Appeal and Opposition divisions have applied G2/21 thus far. We will re-engineer a number of past cases and their outcomes against the guidance given in G2/21.

Your benefit

  • Both sides covered: the innovatorfriendly approach and what opponents will try to make out of G2/21
  • Structured toolbox for mastering technical effects

Detailed programme

From 09:00 - 17:00 CET

Plausibility: What it Was and What it Was Not
  • Semantics: "Plausible" in the decisions from the EPO's Board of Appeal does not always mean "plausible".
  • Origin: From Salk and Johns Hopkins to G2/21
  • Policy considerations
    • Meeting the patent bargain by preventing speculation while allowing for timely filing without imposing too high a requirement for data generation.
  • Approaches to this issue in national Courts
    • A quick overview across major European jurisdictions with a focus in the UK and an outlook on the UPC.
  • Outcomes shaped by plausibility
    • How subtle differences in the original disclosure led to vastly different outcomes under the plausibility doctrine- explained by diving into Dasatinib I, II and III.

G2/21: The Guidance on when a technical effect demonstrated by post-filed data can be taken into account
  • The evaluation of post-filed evidence: Observing the principle of the free evaluation of evidence such as post-filed evidence.
  • The derivability of a technical effect from the application as filed
    • Encompassed by the technical teaching and embodied by the same invention - how strict a test is this and what to look for in a patent application?
    • What have we learned from EPO decisions since G2/21?
  • Implications for lack of inventive step and insufficiency arguments
  • Is the level of disclosure that is required for a technical effect to be taken into account higher when it comes to establishing sufficiency as compared to inventive step?

Workshop: Insight into what G2/21 could mean for practice
  • Applying G2/21 to different fact patterns
    • Let's apply the guidance from G2/21 to a set of cases in which plausibility was one of the key issues in the corresponding Board of Appeal's past decision.
    • A review of how the Board of Appeal and opposition divisions have applied G2/21 and what it means for practice.
  • Drafting patent applications with a view on G2/21
    • Let's apply the guidance from G2/21 to reduce exposure to challenges that might be derived from G2/21.

More informations

Your agenda

Starts at 09:00 CET I Endes at 17:00 CET

breaks at:
- 10:15 CET
- 11:45 CET
- 14:15 CET
- 15:15 CET

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of 5 stars of all ratings from 2023

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