Amendments under the European Patent Convention
- Amendments under the European Patent Convention
Article 123 of the European Patent Convention (EPC) [ EPC Article|123 ] relates to the amendments under the EPC, i.e. the amendments to a European patent application or patent. ]In particular, EPC Article|123|2 provides that a European patent application, or European patent, may not be amended (during prosecution for an application, and after grant for a patent) in such a way that it contains subject-matter which extends beyond the content of the application as filed. The underlying idea of Article 123(2) EPC is that an applicant should not be allowed to improve his position by adding subject-matter not disclosed in the application as filed, which would give him an unwarranted advantage and could be damaging to the legal security of third parties relying on the content of the original application. [ [http://www.epo.org/patents/appeals/case-law.html Case Law of the Boards of Appeal (Fifth edition 2006)] , III.A.1., page 242, citing G 1/93 (OJ 1994, 541). ] This legal provision illustrates the importance accorded by the Convention to the content of a European patent application as filed - i.e. on the filing date - in respect of its legal effects. [ Enlarged Board of Appeal of the EPO [http://legal.european-patent-office.org/dg3/biblio/g910011ep1.htm G 1/93] (19 November 1992), Reasons 1.5 ]
An extension of the subject-matter of the European patent beyond the content of the application as filed is a ground of opposition, [ EPC Article|100|c ] and revocation. [ EPC Article|138|1|c ]
ee also
* G 1/03 and G 2/03 (relating to disclaimers (patent))
* G 1/05 and G 1/06 (relating to divisional patent applications)
References and notes
Wikimedia Foundation.
2010.
Look at other dictionaries:
Claims under the European Patent Convention — Legal requirements applicable to European patent applications and patents … Wikipedia
Divisional applications under the European Patent Convention — In the procedure before the European Patent Office (EPO), divisional applications can be filed under Article 76 EPC. Such a divisional application, sometimes called European divisional application, is a new patent application which is separate… … Wikipedia
European Patent Convention — European patent law … Wikipedia
Opposition procedure before the European Patent Office — The opposition procedure before the European Patent Office (EPO) is a post grant, contentious, inter partes, administrative [1] procedure intended to allow any European patent to be centrally opposed. European patents granted by the EPO under the … Wikipedia
Grant procedure before the European Patent Office — Graph of European patent applications filed and granted between 1998 and 2007. Note that the average time from filing to grant in 2007 was 43.7 months (3.6 years) The grant procedure before the European Patent Office (EPO) is an ex parte,… … Wikipedia
Limitation and revocation procedures before the European Patent Office — In European patent law, the limitation and revocation procedures before the European Patent Office (EPO) are post grant, ex parte , OJ 2007, Special edition 4/2007, page 116, item 1. ] administrative [ EPO web site,… … Wikipedia
Legislature of the European Union — European Union This article is part of the series: Politics and government of the European Union … Wikipedia
Disclaimer (patent) — In patent law, a disclaimer are words identifying, in a claim, subject matter that is not claimed.[1] By extension, a disclaimer may also mean the action of introduction a negative limitation in a claim, i.e. an amendment to a claim resulting in… … Wikipedia
Submarine patent — is an informal term for a patent first published and granted long after the initial application was filed. In analogy to a submarine, its presence is unknown to the public; it stays under water , i.e., unpublished, for long periods, then emerges … Wikipedia
Proposed directive on the patentability of computer-implemented inventions — The Proposal for a Directive of the European Parliament and of the Council on the patentability of computer implemented inventions (Commission proposal COM(2002) 92),[1] procedure number 2002/0047 (COD)[2] was a proposal for a European Union (EU) … Wikipedia