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EPO’s highest legal authority to decide if post-published data can support inventive step

By Michael Bech Sommer | Posted on August 17, 2021

The European Patent Office’s (EPO) highest legal authority, the Enlarged Board of Appeal, is about to be referred questions from the Board of Appeal (BoA) on whether data produced after the filing date of a patent application (post-published data) can be used as the sole basis to support the inventive step of a claim. Essentially,...

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Filed under: Insights

Tags: BoA, data, EPO, patents, post-filing data

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