The question of whether or not a claim in a patent deriving from a divisional application covering or embracing something which was not specifically disclosed in the parent application, is not the proper standard for determining whether there has been an inadmissible extension of subject-matter. Although broadening of individual features is not prohibited by Art. 76(1) EPC, the correct test is whether the amendments have been directly and unambiguously disclosed in the parent application.

Click here for the full text of this case. A summary of this case will be posted on


To make sure you do not miss out on regular updates from the Kluwer Patent Blog, please subscribe here.

Kluwer IP Law