-
1.
Evidence submitted by a patent applicant or proprietor to prove a technical effect relied upon for acknowledgement of inventive step of the claimed subject-matter may not be disregarded solely on the ground that such evidence, on which the effect rests, had not been public before the filing date of the patent in suit and was filed after that date.
-
2.
A patent applicant or proprietor may rely upon a technical effect for inventive step if the skilled person, having the common general knowledge in mind, and based on the application as originally filed, would derive said effect as being encompassed by the technical teaching and embodied by the same originally disclosed invention.
Article PDF
Avoid common mistakes on your manuscript.
Author information
Consortia
Additional information
Publisher's Note
Springer Nature remains neutral with regard to jurisdictional claims in published maps and institutional affiliations.
Available at https://www.epo.org/. Official headnotes.
Rights and permissions
About this article
Cite this article
Sumitomo Chemical Company, Limited v. Syngenta Limited European Patent Convention, Arts. 52(1), 54, 56, 83, 100, 101(2), 106(1), 112(1)(a), 112(2), 113(1), 117, 125; European Patent Convention, R. 4, 117–124, 150; Rules of Procedure of the Enlarged Board of Appeal, Arts. 9, 10, 13, 14(2); Rules of Procedure of the Boards of Appeal 2020, Art. 22. “Plausibility”. IIC 54, 952 (2023). https://doi.org/10.1007/s40319-023-01345-4
Published:
Issue Date:
DOI: https://doi.org/10.1007/s40319-023-01345-4