Welcome to Greenshoots

Greenshoots is a collection of fresh intellectual property insight, analysis and commentary on the issues that matter most to those who invent, manage and protect intellectual property, written by the IP specialists of Appleyard Lees.

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Article

T 1688/20: the “Gold Standard” test of novelty

In T 1688/20, the Board of Appeal has deviated from novelty criteria with respect to selection inventions as set out in the EPO guidelines for examination (G-VI, 8, ii), in favour of applying the “Gold Standard” test of novelty. This decision may be useful when arguing novelty in examination and opposition proceedings.

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Patents

G2/21 Plausibility – the decision

The Enlarged Board of Appeal have decided that post-published evidence can be used to prove a technical effect for the assessment of inventive step if the technical effect is “encompassed by the technical teaching” of the application at the original filing date.

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