10 August 2015Jurisdiction reportsMichael Fabricius Madsen

The clarity of amended claims during post-grant proceedings

The legal authority for examining clarity at these post-grant stages is article 101(3) of the European Patent Convention (EPC), which states that the opposition division shall revoke the patent if “taking into consideration the amendments made by the proprietor of the European patent during the opposition proceedings, the patent and the invention to which it relates … do not meet the requirements of this convention”.

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