Broadcast date: 25 April 2023 - Speakers: Chris Milton, Imogen Parry
Disclaimers are negative limitations incorporated into patent claims, enabling a patentee to exclude subject-matter from the scope of the claims. We will review the current state of the law surrounding the use of disclaimers at the EPO, and then consider examples of how these can be used to your advantage, both when pursuing patent protection and when attacking problematic patents.
Topics covered will include:
- Considering when disclaimers may be appropriate at the EPO
- The state of EPO case law concerning allowability of disclaimers
- Preparing a case where disclaimers may be needed: drafting tips
- Attacking weak disclaimers
- Case studies
- Audience questions
J A Kemp LLP acts for clients in the USA, Europe and globally, advising on UK and European patent practice and representing them before the European Patent Office, UKIPO and Unified Patent Court. We have in-depth expertise in a wide range of technologies, including Biotech and Life Sciences, Pharmaceuticals, Software and IT, Chemistry, Electronics and Engineering and many others. See our website to find out more.
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.
