Added Subject-Matter (Art. 123(2) EPC)

The concept of added subject-matter for an application or a patent under Art. 123(2) EPC is a very important concept in European patent law.

• How to avoid pitfalls in examination and opposition proceedings with regard to Art. 123(2) EPC
• Taking the necessary precautions when drafting the original application
• Case law of the Boards of Appeal on Art. 123(2) EPC
• WORKSHOP: exercises on added subject-matter and intermediate generalisation

Aims and objectives

The concept of added subject-matter for an application or a patent under Art. 123(2) EPC is a very important concept in European patent law. An application to which matter has been added with respect to the originally filed documents is generally refused. Similarly, a patent containing added subject-matter is generally revoked in opposition or nullity proceedings. Thus, it is important to be well informed on the topic and to avoid pitfalls which can be easily circumvented, either when drafting an application or when amending it during grant, opposition or nullity proceedings. It is also important to be aware of the significant body of well-established case law of the Boards of Appeal of the EPO, which over time has become increasingly stringent. The aim of the seminar is to show all aspects which have to be taken in account in order to avoid the pitfall of an objection under Art. 123(2) EPC at any time during prosecution of the application or the life of a patent.
You work in an IP, patent or R&D department or as a patent attorney in private practice and want to avoid pitfalls when it comes to added subject-matter? Then this course is intended for you. Knowledge of patent law is required.

23 October 2019 in Amsterdam
09:00 - 17:00

• What is to be understood under 'direct and unambiguously derivable' from the originally filed application documents?
• Examples of amendments non-allowable under Art. 123(2) EPC
• Reference documents for the application of Art. 123(2) EPC
• Necessity to indicate amendments and their basis
• Features from a cross-referenced document
• Added subject-matter and clarity
• Other not allowable cases of adding subject-matter: prior art described in the application

• Not allowable intermediate generalisation; alllowable intermediate generalisation
• Intermediate generalisation and priority; conclusions to be taken

• Correction of errors in applications
• Correction of errors in decisions

• Disclosed disclaimers (Type I)
• Undisclosed disclaimers (Type II, according to G 1/03)
  • Allowable undisclosed disclaimersNot allowable undisclosed disclaimers - G 1/16
  • Drafting of disclaimers
  • Disclaimer and priority
• Disclaimers excluding embodiments of the invention (Type III, according to G 2/10)

1.120,- € plus tax

The fee includes course documentation (including free download) as well as refreshments, lunch and a certificate. You will receive an invoice as well as confirmation.

The fee includes course documentation (incl. free download) as well as mid-session refreshments, lunch and certificate. Invoice and confirmation will be forwarded to you.

Oosterdokstraat 4
NL 1011 Amsterdam
Phone: +31 20 5300800
Fax: +31 20 5300801
Email: amscs.info@hilton.com
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