Is the United States’ Nonobviousness Test ‘Plausibly’ Similar to the EPO/UK Inventive Step Standard?

“U.S. courts have made clear that mere plausibility is not the test for enablement, finding that patentees could otherwise obtain patent rights to purported inventions consisting of little more than respectable guesses as to the likelihood of their success.” Recent cases in the European Patent Office (EPO), the UK, and United States illustrate substantive differences between these jurisdictions as they continue to develop their inventive step/nonobviousness frameworks. In particular, the EPO and UK have recently provided guidance on a concept known as “plausibility,” i.e., whether the scope of the patent must be justified by the patentee’s technical contribution to […]

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