Shifting the burden of proof back to the patentee (T 1299/15)
http://ipkitten.blogspot.com/2019/11/shifting-burden-of-proof-for-back-to.html In disputes of insufficiency before the EPO, the burden of proof is initially on the side of the party alleging that the patent or application is insufficient. An opponent arguing that an invention is insufficiently disclosed generally must provide evidence that, despite making all reasonable efforts, they were unable... Continue reading