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Expert Analysis

Patent Plausibility Uncertainty Persists, EPO Petition Shows

By Craig Slater, Jamie Barcombe and Yelena Morozova (March 18, 2024, 2:23 PM GMT) -- Patent applicants may face a plausibility challenge at the European Patent Office, or EPO, even though the concept of plausibility is nowhere to be found in the European Patent Convention. This concept generally concerns the idea that a purported effect of the claimed invention, e.g., a treatment of a particular disease, must have been credible to the skilled person at the time of filing of the application based on the disclosure in the application as filed....

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