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New referral to the Enlarged Board of Appeal G 2/21 concerning the use of post-published evidence to establish plausibility for an invention

October 26, 2021

In a decision of the Board of Appeal in case T 0116/18, three questions have been referred to the Enlarged Board concerning how to regard post-published evidence filed in support of inventive step. The referral is pending under G 2/21.

The three questions ask whether the evidence should disregarded, and depending on the answer, under what circumstances post-published evidence can be taken into consideration in relation to plausibility.

The EPO’s communication on the referral can be found here .

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