An even application of plausibility? A legal study of the application of the principle of legal certainty to the plausibility threshold in relation to pharmaceutical patents in European patent law
The plausibility threshold started, and is still, developing through the case law of the EPO. It is used as a tool against speculative patents, as the claimed technical effect of the invention must be made plausible. The plausibility threshold is foremost being used at the EPO in relation to the requirement of an inventive step under Article 56 EPC and the requirement of sufficiency of disclosure
