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The long-awaited G 2/21 decision is good news for applicants in the pharmaceutical space that have to rely on submitting experimental evidence generated or published after the application’s filing date.
Background - As has been widely reported, major changes are looming for the European patent landscape. After many years of preparatory work and negotiations, Europe’s new.
EBoA is highest judicial authority under EPC handling patent examination for 37 member states and EU. EBoA published decision G2 21 dealing with principle of free evaluation of evidence in context of inventive step. Relevant for pharma biotech and life science patents.