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Plausibility in patent law: an unsettled concept

30/08/2016

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This article was first published  on Future Science, August 2016

What is plausibility in patent law?

The concept of plausibility in patent law is neither a requirement of the European Patent Convention (EPC) nor the Patents Act 1977, but has sprung out of the case law of the European Patent Office (EPO) and has been followed and developed further by the English court. Far from being a separate ground of invalidity, the plausibility of an invention is considered mainly in the context of obviousness and insufficiency, but has also been considered in the context of priority, novelty and industrial applicability.


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