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Namely, Article 54(4) and (5) EPC "acknowledges the notional novelty of substances or compositions even when they are as such already comprised in the state of the art, provided they are claimed for a new use in a method which Article 53(c) EPC excludes as such from patent protection." [17] Article 53(c) EPC excludes from patentability methods ...
The Official Journal of the European Patent Office (OJ EPO) is a monthly trilingual publication of the European Patent Office (EPO). It contains "notices and information of a general character issued by the President of the European Patent Office, as well as any other information relevant to [the European Patent Convention (EPC)] or its implementation". [1]
The European Patent Office (EPO) [notes 1] is one of the two organs of the European Patent Organisation (EPOrg), the other being the Administrative Council. [4] The EPO acts as executive body for the organisation [5] [6] while the Administrative Council acts as its supervisory body [5] as well as, to a limited extent, its legislative body.
In accordance with the "Comvik approach", any non-technical feature, i.e. a feature from a field excluded from patentability under Article 52(2) and (3) EPC, is ignored for the assessment of inventive step, unless the non-technical features do interact with the technical subject-matter to solve a technical problem. [28]
March 19, 1986, T 51/84 (Coded distinctive mark/Stockburger). [2] The Board held that if a claim focuses solely on procedural steps involved in applying a coded distinctive mark to an object without indicating or presupposing technical means for carrying them out, a process of this kind is excluded from patentability by Article 52(2)(c) and (3) EPC.
The European Patent Office is the only body that can perform legally effective publication and registration of European patent applications and patents. It regularly issues warnings about scams by firms and individuals that invite applicants to register patents in unofficial registers or publications. [5]
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Article 123(2) EPC provides that a European patent application, or European patent, may not be amended (both before and after grant) in such a way that it contains subject-matter which extends beyond the content of the application as filed. [1] In other words, an amendment cannot go beyond the original disclosure of the application.