2025-04-19 2025-04-19 , online online, 1,280 € zzgl. MwSt. Dr. Thomas Wolter https://forum-institut.de/seminar/25101134-g2-21-plausibility-and-now/referenten/25/25_10/25101134-course-g221-plausibility-and-now_wolter-thomas.jpg G2/21 - Plausibility and Now?

This online course deals with the impact of G2/21 on plausibility and shall enable participants to reduce exposure to G2/21 challenges.

Topics
  • G2/21: guidance on when a technical effect demonstrated by post-filed data can be taken into account
  • Structured toolbox for mastering technical effect
  • Drafting tips for patent applications with reduced exposure to G2/21 challenges
  • Updates on how G2/21 has been applied so far
  • Workshop: insight into what G2/21 could mean for practice


Who should attend
Do you work in a corporate patent or IP or as external patent attorney, draft regularly European Patent applications and need to navigate plausibility? Then this online course is designed for you.
Aims and objectives
A doctrine of "plausibility" has been adopted by some patent offices, including the EPO, under which post-filed data that supports the existence of a "technical effect" is only evaluated where the application as originally filed renders the effect plausible.

This online course will turn on the issue of when a technical effect demonstrated by post filed data can be taken into account. An issue underlying the doctrine of "plausibility" is the extent to which the technical effect should be supported by the application as filed for any post filed evidence to be considered. There is a relationship between the role of a "technical effect" in protecting inventions and the level of disclosure of the technical effect that must be given in the application as filed.

The course will explore how this relationship has shaped outcomes in various cases and led to the referral to the EPO's Enlarged Board of Appeal before we turn to the EBA's guidance in G2/21. It seems to be common ground that G2/21 has not (yet) made the EPO practitioner's life easier. The abstractness of the criteria set forth by the EBA requires due consideration. We will also be exploring how the Board of Appeal and Opposition divisions have applied G2/21 thus far. We will re-engineer a number of past cases and their outcomes against the guidance given in G2/21.
Your benefit

  • Both sides covered: the innovatorfriendly approach and what opponents will try to make out of G2/21
  • Structured toolbox for mastering technical effects

Course - G2/21 - Plausibility and Now?

G2/21 - Plausibility and Now?

Benefits
  • Important issue in practice
  • Be prepared for G2/21 challenges
  • Practical learning through workshop

Webcode 25101134

Jetzt buchen

JETZT Buchen
Referenten

Dr. Thomas Wolter

European Patent Attorney, Partner, Mewburn Ellis, Munich (Germany)

Thomas qualified as German and European Patent Attorney in 1999 and has practiced at a German patent law firm before joining Mewburn Ellis in 2020. He is particularly interested in plausibility. Thomas represented the patentee in the dasatinib cases at the EPO, gave presentations about plausibility, and ran a workshop on plausibility at the FICPI World Congress 2022. He has a double Master’s degree in chemistry and biology from Ruhr-Universität Bochum, Germany, and a PhD from Université Louis Pasteur Strasbourg, France.

Julie Chiu

Attorney-at-Law, Senior Associate (Australian Qualified), Taylor Wessing, London (UK)

Julie is an IP lawyer with a particular focus on in life sciences. Julie's experience includes advising global pharmaceutical companies on patent validity and infringement issues and pan-European litigation coordination. Julie has a technical background in genetics and molecular biology, and is admitted to practice in Australia.

Victoria Coleman

Senior Associate, European Patent Attorney, Mewburn Ellis, London (UK)

Victoria is involved in the drafting and prosecution of chemistry patents, as well as oppositions and appeals at the European Patent Office. She also undertakes Freedom to Operate work and validity opinions. Victoria joined Mewburn Ellis in 2018, qualifying as a European Patent Attorney in 2018 and a Chartered Patent Attorney in 2019. Her areas of expertise are small molecule drug candidates, antibody-drug conjugates, pharmaceutical formulations, chemical processes and compositions. She has a Master’s degree in chemistry and patent law from Manchester University.

Alles auf einen Blick

Termin

23/10/2025

23/10/2025

Zeitraum

09:00 - 17:00 CET

09:00 - 17:00 CET
Veranstaltungsort

online

online

Downloads
Gebühr

Veranstaltung - 1,280 € zzgl. MwSt.
The fee includes the 'live' participation via internet, high-quality course material for download, a participation certificate as well as technical support including a test meeting.

Veranstaltung - 1,280 € zzgl. MwSt.
The fee includes the 'live' participation via internet, high-quality course material for download, a participation certificate as well as technical support including a test meeting.

Inhouse-Angebote
Inhouse-Angebot anfordern
Inhouse-Angebot anfordern

Jetzt buchen

Your contact

Jean-Claude Alexandre Ho, LL.M.
Lawyer, Conference Manager

+49 6221 500-675
jc.alexandreho@forum-institut.de

Details

This online course deals with the impact of G2/21 on plausibility and shall enable participants to reduce exposure to G2/21 challenges.

Topics

  • G2/21: guidance on when a technical effect demonstrated by post-filed data can be taken into account
  • Structured toolbox for mastering technical effect
  • Drafting tips for patent applications with reduced exposure to G2/21 challenges
  • Updates on how G2/21 has been applied so far
  • Workshop: insight into what G2/21 could mean for practice


Who should attend
Do you work in a corporate patent or IP or as external patent attorney, draft regularly European Patent applications and need to navigate plausibility? Then this online course is designed for you.

Aims and objectives

A doctrine of "plausibility" has been adopted by some patent offices, including the EPO, under which post-filed data that supports the existence of a "technical effect" is only evaluated where the application as originally filed renders the effect plausible.

This online course will turn on the issue of when a technical effect demonstrated by post filed data can be taken into account. An issue underlying the doctrine of "plausibility" is the extent to which the technical effect should be supported by the application as filed for any post filed evidence to be considered. There is a relationship between the role of a "technical effect" in protecting inventions and the level of disclosure of the technical effect that must be given in the application as filed.

The course will explore how this relationship has shaped outcomes in various cases and led to the referral to the EPO's Enlarged Board of Appeal before we turn to the EBA's guidance in G2/21. It seems to be common ground that G2/21 has not (yet) made the EPO practitioner's life easier. The abstractness of the criteria set forth by the EBA requires due consideration. We will also be exploring how the Board of Appeal and Opposition divisions have applied G2/21 thus far. We will re-engineer a number of past cases and their outcomes against the guidance given in G2/21.

Your benefit

  • Both sides covered: the innovatorfriendly approach and what opponents will try to make out of G2/21
  • Structured toolbox for mastering technical effects

Detailed programme

09:00 - 17:00 CET

Plausibility: What it Was and What it Was Not
  • Semantics: "Plausible" in the decisions from the EPO's Board of Appeal does not always mean "plausible".
  • Origin: From Salk and Johns Hopkins to G2/21
  • Policy considerations
    • Meeting the patent bargain by preventing speculation while allowing for timely filing without imposing too high a requirement for data generation.
  • Approaches to this issue in national Courts
    • A quick overview across major European jurisdictions with a focus in the UK and an outlook on the UPC.
  • Outcomes shaped by plausibility
    • How subtle differences in the original disclosure led to vastly different outcomes under the plausibility doctrine- explained by diving into Dasatinib I, II and III.

G2/21: The Guidance on when a technical effect demonstrated by post-filed data can be taken into account
  • The evaluation of post-filed evidence: Observing the principle of the free evaluation of evidence such as post-filed evidence.
  • The derivability of a technical effect from the application as filed
    • Encompassed by the technical teaching and embodied by the same invention - how strict a test is this and what to look for in a patent application?
    • What have we learned from EPO decisions since G2/21?
  • Implications for lack of inventive step and insufficiency arguments
  • Is the level of disclosure that is required for a technical effect to be taken into account higher when it comes to establishing sufficiency as compared to inventive step?

Workshop: Insight into what G2/21 could mean for practice
  • Applying G2/21 to different fact patterns
    • Let's apply the guidance from G2/21 to a set of cases in which plausibility was one of the key issues in the corresponding Board of Appeal's past decision.
    • A review of how the Board of Appeal and opposition divisions have applied G2/21 and what it means for practice.
  • Drafting patent applications with a view on G2/21
    • Let's apply the guidance from G2/21 to reduce exposure to challenges that might be derived from G2/21.

More informations

Current agenda

Please not that the event agenda may be adjusted up until the event date to reflect the latest developments.

Benefits of a FORUM Institut training course

FORUM Institut’s all-in-one training platform uses the latest teaching methods.
All our online training courses take place in the Learning Space, our holistic learning environment with many features that promote effective and sustainable learning.

  • Live and interactive learning on our Learning Space training platform
  • A platform with many features: events rooms, chat, course agendas and documents, surveys, workshop rooms and much more
  • Easy surveys with Slido
  • ‘Deluxe’ chat: group chats, one-to-one chats, one-to-one video chats
  • A central repository for documents and media
  • Other services and apps such as Padlet and Mentimeter available directly on the platform
  • The perfect marriage of teaching methods and technology
  • High level of interactivity with plenty of opportunity for questions
  • Continuous support throughout the event to ensure the most effective learning
  • Free technical pre-meeting to start off your training on the right foot

Technical requirements

You need a reliable Internet connection to take part in our online events. To have the best possible learning experience, we recommend that you use the latest version of the Microsoft Edge or Google Chrome browsers. You will need a headset, loudspeaker or telephone to play the audio. Further information is available here. Please check beforehand that your microphone or headset and camera are working properly. Do not access our services from a VPN since there are issues with the audio over such connections.

We have integrated Zoom video conferencing software into our Learning Space for our online training courses. If you are not authorised to use Zoom, please get in touch with us so we can make alternative arrangements for you to take part in our online training.

Free pre-meeting and technology check

You can attend one of our pre-meetings and explore our Learning Space free of charge. Registration is not required. You can find available dates for a pre-meeting in your customer portal. Click the green ‘Participate’ button in the pre-meeting in the customer portal and you will be redirected to the Learning Space.

The pre-meeting gives you the opportunity to explore our Learning Space and to familiarise yourself with the technology to start off your online training on the right foot. This is a non-binding offer for all our customers and not a prerequisite for participation. If a pre-meeting date does not suit you but you would still like a technology check, please contact us.

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