What about patent description application? EPO closed the ‘academic year’ with a highly advisable expert workshop. Stay tune!

Thursday, 28 of July of 2022

The European Patenting Top Level Experts have met and discussed and, this, confirmed that as provided for in Art. 84 EPC, the description of the patent application has to be consistent with the amended claims to ensure legal certainty and avoid the public being presented with information that conflicts with the wording of the claims. Which means that any inconsistencies between the claims and those parts of the description disclosing ways to carry out the invention need to be removed, as expressed in the 2022 decisions T 1024/18, T 121/20, T 2293/18, T 2766/17 and T 1516/20. 

This is consistent with the rule of interpretation of claims for domestic proceedings contained in Article 69.1 of the EPC, and thus serves as a guarantee and legal certainty in domestic post-grant proceedings.

Original media