Update on Plausibility

The law on plausibility continues to be a hot topic in the pharmaceutical and biotech fields.  This webinar will cover recent developments in the assessment of whether a “plausible” disclosure of efficacy is present in the application as filed.  This will include discussion of the decision T 116/18 which has for the first time referred the topic of plausibility to the Enlarged Board of Appeal of the European Patent Office (pending as G 2/21).  The Court of Appeal decision in Fibrogen v Akebia will also be covered, which discusses the issue of plausibility in the context of claims directed to the medical use of a functionally-defined active agent.

Topics include:

• Plausibility at the EPO and in the English courts
• The referral of plausibility to the enlarged board of appeal of the EPO
• Functional features and plausibility
• The Court of Appeal case in Fibrogen v Akebia
• Plausibility considerations for patent applications