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 http://www.KluwerIPCases.com.
To make sure you do not miss out on regular updates from the Kluwer Patent Blog, please subscribe here.
Kluwer IP Law
The 2022 Future Ready Lawyer survey showed that 79% of lawyers think that the importance of legal technology will increase for next year. With Kluwer IP Law you can navigate the increasingly global practice of IP law with specialized, local and cross-border information and tools from every preferred location. Are you, as an IP professional, ready for the future?
Learn how Kluwer IP Law can support you.