- with readers working within the Retail & Leisure industries
Added matter remains one of the most challenging and unforgiving grounds for objection at the European Patent Office. A so-called "inescapable trap" is created by the interplay between Articles 123(2) and (3) EPC. This may mean that amendments made during prosecution can render a patent invalid with no possibility of remedy. Other variants of the inescapable trap arise in relation to European divisional applications and during proceedings before the EPO's Board of Appeal.
In this webinar, speakers Lucy Barnes and Dave Gallagher will discuss how added matter is assessed at the EPO and practical tips for applicants and patentees seeking to avoid being caught in the inescapable trap.
Topics covered include:
- Understanding the inescapable trap and why certain amendments can lead to irrevocable loss of rights.
- Escaping the inescapable trap by making a narrowing amendment.
- Recent developments in the case law of the EPO's Boards of Appeal as regards the assessment of added matter.
- The inescapable trap as it applies to divisional applications and during appeal proceedings.
- How to avoid added matter pitfalls during drafting, prosecution, and post-grant proceedings.
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.
