Video overview:
What is Added Matter?
- Added matter occurs when an amendment introduces content that goes beyond what was originally disclosed in the application as filed (Article 123(2) EPC).
EPO Assessment ("Gold Standard")
- Amendments must be directly and unambiguously derivable by a skilled person from the original application and common general knowledge, as of the filing date.
- Failure to meet this standard can lead to refusal or revocation of the patent.
Intermediate Generalisations
- Occur when a feature is taken out of its original context (disclosed only in combination) and claimed on its own, which may be considered added matter.
Practical Tips
- Draft applications anticipating future amendments.
- Use claim-friendly language from the start.
- Disclose optional features individually in the description.
- Include multiple claim dependencies for flexibility.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
