During examination of a European patent application, where a proposed amendment is non-compliant with Article 123 EPC, the examiner is not obliged to consider any other patentability requirements unless any added matter issues are resolved. If the specification does not include adequate basis for the desired amendment and an alternative amendment is not suitable, the application may be refused.
The importance of compliance with the added matter requirements of Article 123 EPC during examination and in post grant proceedings at the European Patent Office cannot be overstated.
Where an impermissible amendment is discovered during opposition or limitation of a granted European patent, the ominous “inescapable trap” is a huge risk to the validity of the European patent.
This webinar discusses the EPO’s added matter requirements, the associated risks, the degree of basis required for amendments, and provides suggestions on how to draft European style specifications which have a greater chance of addressing added matter problems that might arise.
The duration of this webinar will be approximately one hour.