UK divergence from the EPO on plausibility (Sandoz v BMS), Part 2: Interpretation of G 2/21

The UK courts and the European Patent Office (EPO) have different approaches to the standard of evidence required to support a patent. The UK courts still use the term "plausibility" despite the EPO dismissing it as a generic catch-word. In the recent case of Sandoz v BMS, the UK courts disagreed with the interpretation of the EPO's decision in G 2/21 and continued to apply the "lack of ab initio implausibility" standard. This suggests that the UK may continue to deviate from the EPO on the correct legal test for sufficiency and inventive step.

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