Added Subject-Matter (Art. 123(2) EPC)
How to Avoid Pitfalls in EPO Applications and Patents!
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.
Topics
- 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.Who should attend
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.
Speaker
Daniel Xavier Thomas
Former Director, Directorate-General 1 - Operations, European Patent Office, Munich (Germany)
Harrie Marsman
MSc, European and Dutch Patent Attorney, Of Counsel, V.O. Patents and Trademarks, The Hague (NL)
