Post filing evidence in patents - assessment for inventive step and plausibility

During patent prosecution and invalidity proceedings, it is common to submit post filing data and evidence to demonstrate the unexpected advantage or inventiveness of an invention.

A recent opinion of the Enlarged Board of Appeal in case number G0002/21 of March 2023 on plausibility seems to suggest that plausibility is emerging as a fourth pillar of patentability in several jurisdictions. The panel will examine 5 different jurisdictions (IN, GB, CA, US and AR) to examine the effect of the said opinion in their jurisdiction.