IPPT20230323, EBA-EPO, Syngenta v Sumitomo
[G 2/21]. Plausibility technical effect. Plausibility does not amount to a distinctive legal concept or a specific patent law requirement under the EPC. Evidence of technical effect may not be disregarded solely on the ground that such evidence, on which the effect rests, had not been public before the filing date of the patent in suit and was filed after that date. The relied upon technical effect for inventive step needs to be encompassed by the technical teaching of the claimed invention at the filing date and to embody the same invention.
