Interesting article about EPO decisions, addresses the question of the role of the description in interpreting the language of the claims
Written by Daniel van Herck
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[Tuesday, 21 March 2023 12:47]
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Tuesday, 21 March 2023
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The recent decision in T 0169/20 draws together two threads of Boards of Appeal case law on the relationship between the claims and description of a patent. The decision directly addresses the question of the role of the description in interpreting the language of the claims. The answer to this question has practical consequences, as it is critical to both the question of claim interpretation for patentability and added matter analysis and to the ongoing controversy of description amendments.
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