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AVOIDING PROBLEMS WITH NEW MATTER IN EUROPE --- Comparison bewteen Europe and Japan ---- The European Patent Office has very strict standards with regard to the introduction of new matter and there seem to be some substantial differences compared to Japanese practice. This seminar highlights some of those differences and shows how to recognize and deal with potential new matter problems. Topics addressed are: - Treatment of new matter at the EPO, - Inadmissible broadening and the inescapable trap (interplay between Art. 123(2) and 123(3) EPC), - Intermediate generalizations, - Ways out of the inescapable trap (disclaimer solution), - Strategies for avoiding new matter problems in EP already at the drafting stage, - Strategies for avoiding problems due to translation mistakes, Examples of case law discussed at the seminar include the following: - G1/03 (on the conditions under which undisclosed disclaimers can be used), - G2/10 (on "remaining subject-matter test"), - T0522/11 , T1799/12 and T2232/12 (illustrating the strictness of the EPO regarding added subject matter), - T500/11 (example of admissible intermediate generalization), - BGH "Winkelmessvorrichtung" (on disclaimer solution in DE), and - BPatG "Fettabsaugevorrichtung" (on applicability of disclaimer solution to EP patents in national DE invalidity proceedings). Avoiding problems with new matter in Europe will lead to stronger patents and lower prosecution costs. The seminar will be given in Japanese. Lecturer Dipl.-Ing. Univ. Friedemann Horn, Esq. Firm : HORN KLEIMANN WAITZHOFER Sponsor: Orion International Patent Office - Ikebukuro DATE: July 1, 2015 (Wed) from 6:30pm to 8:30pm Venue: JPAA (next to JPO) B1, Conference AB If you have any questions, please contact Mr. Aikawa. |
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