EBA

Referral to the Enlarged Board of Appeal regarding negative features in a claim (i.e. disclaimers).

By AWA | Posted on November 3, 2016

The use of undisclosed disclaimers in a filed application has been practiced since the start of the EPC (European Patent Convention) and was codified in G 1/03. According to this decision, three exceptions from the general principle (a patent or patent application may not be amended in such a way that it contains subject-matter which...

Tags: applications, awapatent, EBA, epa, EPC