Plausibility in Patent Law: Divergent Interpretations and Implications for Legal Certainty

Partners

Mishcon De Reya

Webinar Date: 29^th February, 2024 | Timings: 4:30 PM IST

Agenda

To explore the historical rationale underlying the concept of plausibility, and why, in their opinion, the EPO’s approach threatens legal certainty.

The concept of “plausibility” is used to test the quality of information that a patent application must contain to support valid claims. A significant divergence between the way the UK courts apply the concept and the way the European Patent Office applies the concept has arisen following last year’s opinion of the Enlarged Board of Appeal in G 2/21 (Sumitomo). European Courts have interpreted the opinion as allowing patentees to rely on “post published information” to support assertions in a patent application that their invention delivers a benefit or solves a technical problem. On the other hand, the UK Supreme Court made it clear, in Warner Lambert v Generics (Pregabalin), that patentees cannot rely on post published information in this way.

Speakers

CAMPBELL FORSYTH

Campbell is a Partner in the Patents Group in the Innovation Department. He has been recognised as one of the UK’s leading patent litigators and acts for clients in complex and cross-border patent cases in the High Court, Court of Appeal and Supreme Court.

JUSTIN LAMBERT

Justin is of Counsel in the Patents Group in the Innovation department. He is qualified as a solicitor in both Australia and the United Kingdom and has over 20 years of experience in intellectual property matters in these jurisdictions. He focusses on contentious patent matters.