Bringing the description in line with the scope of claims?
The potential end of the ‘Angora cat paradox’ & other stories for sleepless nights
There have been important changes in the EPO’s latest Guidelines for Examination regarding amendments made to the description in patents. Dr. Cristina López Mosquera, European Patent Attorney at BALDER provides incisive legal analysis on this issue in her latest article, “Bringing the description in line with the scope of claims? The potential end of the ‘Angora cat paradox’ & other stories for sleepless nights”.
Recent revisions to the European Patent Office’s Guidelines for Examination have mandated increasingly stringent requirements for amending the description of patent applications to ensure consistency with the claims. There is a developing body of case law from the EPO Boards of Appeal related to these amendments, their impact on Article 84 EPC (clarity and support), and even their relationship to Article 69 EPC (extent of protection). However, this case law is incongruent, indicating uncertainty in this area of patent law.
Applicants, patent holders, and practitioners should be aware of these developments, as they could have significant implications depending on the outcomes of future case law.
Dr. López’s compelling analysis explores arguments on both sides of this complex debate, to read more on this important matter, click on the following link: https://information.patentepi.org/issue-2-2023/angora-cat-paradox.html