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Post-filing data in the most recent case-law of the EPO
Can clinical trial results and other data confirming a specific technical effect of an invention be submitted after the patent application has been filed? In March 2023, the Enlarged Board of Appeal of the European Patent Office (EPO) issued a groundbreaking decision in case G 2/21, setting a standard for assessing the admissibility of post-filing data. In this edition of the Legal Report,...