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Unpublished and important decisions of EPO influencing even the draft of national patent applications by avoiding disclosure traps killing EPO applications --- Several Topics For Discussion ---- I. Directly and unambiguously derivable? 1) Scope of Amendments (directly and unambiguously derivable) (Art. 123 (2) EPC) a) Established case law i) general vs. specific terms ii) generic formulae iii) the term " at least " b) Further case law i) Exact wording of the claims and the specification ( T1871/10 ) ii) Specific result; only valid for the specific combination ( T2081/11 ) iii) Choosing 1st feature without 2nd one will not be allowable ( T2132/09 ) c) Case law: selection of features from one or several lists i) One from 1st list and another from 2nd list (specific combination) (e.g., T0407/10 ) ii) Two from a list: 1st and 2nd selections of one and another ( T1374/07 ) iii) One from 1st list and several from 2nd list ( T0783/09 ) 2) Validity of priority a) Priority application referred to claim 1 only ( T510/10 ) b) Exact wording not necessary ( T0146/07 ) 3) Which features are directly and unambiguously derivable from the prior art? a) Necessary to select individual features from long lists of the prior art ( T1055/11 ) b) Specific feature may be combined with respective feature in the specification ( T2020/07 ) c) Implicit matter must be a clear and unambiguous consequence of what is explicitly mentioned ( T0452/05 ) d) General term of the prior art, specific term in claims ( T0163/96 ) II. Sufficiently clear and complete disclosure? 1) Invention disclosed clear and complete? 2) Parameters in the claims a) Disclosing only the parameter without further details: insufficient (e.g. T1002/12; T 805/93 ) b) Determine respective value without any major problems (e.g. T608/07) Lecturer Dr. Hans-Peter Jonsson, Esq. Firm : von Kreisler Selting Werner Sponsor: Orion International Patent Office - Ikebukuro Reservation is required. Please contact Mr. Aikawa. DATE: May 13, 2014 (Tue) from 6:30pm to 8:30pm Venue: JPAA (next to JPO) B1, Conference AB |
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