HLK is a global cooperation combining Haseltine Lake Kempner LLP and HL Kempner Partnerschaft mbB and provides a full suite of IP services advising across the entire IPR Lifespan™ in all technical and scientific disciplines.
With offices in London, Bristol, Munich, Leeds, Glasgow, and Guangzhou (China), HLK provides IP services across the globe. HLK’s resources and expertise are exclusively dedicated to IP protection: safeguarding the inventions, creative designs, brand identities and other innovations of its clients. HLK advises on the strategy, identification, protection, opposition and appeal, exploitation and enforcement of IP rights, and defends its clients from allegations of infringement by focusing on acquiring competitive advantage for its clients.
HLK is privileged to work with some of the most exciting and forward-looking businesses in the world which are at the forefront of innovation and product development in their various spheres.
Before a European patent application is granted, the EPO sends a notice of allowance to the applicant along with a copy of the text intended for grant which the applicant either approves for grant or requests correction/amendment.
United KingdomIntellectual Property
Before a European patent application is granted, the EPO sends a
notice of allowance to the applicant along with a copy of the text
intended for grant which the applicant either approves for grant or
requests correction/amendment.
A recent decision from the European Boards of Appeal (T 0506/16) highlights the importance of
checking the text intended for grant. In this case the applicant
approved the text intended for grant without noticing that two
pages of claims had been omitted from the text they approved. The
Board found that the granted patent could not be corrected to
include the omitted claims pages, stating:
"the obligation to check the text in which the patent is to
be granted lies with the applicant, and if it does not draw the
examining division's attention to any errors, then the
appellant alone bears the responsibility for any errors remaining
in the text, regardless of who is responsible for the
error".
This decision is a strong reminder to double check that the text
intended for grant matches with the expected text for grant, and in
particular that all pages are present.
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.
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