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t. e. Article 84 of the European Patent Convention (EPC) [1] specifies that the "matter" for which patent protection is sought in an application - the purported invention - shall be stated ("defined") in the claims. This legal provision also requires that the claims must be clear and concise, and supported by the description. [1]
Under the European Patent Convention (EPC), a claim must define the matter for which the protection is sought in terms of technical features. [12] [13] The convention itself pertains to a procedure to secure a European patent. [13] These technical features can be either structural (e.g. a nail, a rivet) or functional (e.g. fastening means). [14]
A first aspect relating to the infringement of European patents which is prescribed in the EPC is the extent of protection conferred by a European patent. Article 69(1) EPC reads: The extent of the protection conferred by a European patent or a European patent application shall be determined by the claims. Nevertheless, the description and ...
The European Patent Convention ('the EPC'), signed at Munich on 5 October 1973, is a treaty to which 38 States, including all the Member States of the European Union, are now parties. The European Union is not a party to the EPC. ^"Member states of the European Patent Organisation". European Patent Office.
The much stricter approach to claim construction became open to review after 1977, when the UK joined the European Patent Convention (EPC). Under the Protocol on the Interpretation of Article 69, the Convention required the UK courts to maintain a balance between interpreting patent claims with strict literalism (the description and drawings ...
In European patent law, the limitation and revocation procedures before the European Patent Office (EPO) are post-grant, ex parte, [ 1] administrative [ 2] procedures allowing any European patent to be centrally [ 3] limited by an amendment of the claims or revoked, respectively. [ 4] These two procedures were introduced in the recently revised ...
Article 123 of the European Patent Convention (EPC) [1] relates to the amendments under the EPC, i.e. the amendments to a European patent application or patent, and notably the conditions under which they are allowable. In particular, Article 123 (2) EPC prohibits adding subject-matter going beyond the content of the application as filed, while ...
The Guidelines for Examination in the European Patent Office (or, for short, the EPO Guidelines) are general instructions, for the examiners working at the European Patent Office (EPO) as well as for the parties interacting with the EPO, on the practice and procedure at the EPO in the various aspects of the prosecution of European patent applications and European patents.