CLR II A 1.5 Clarity of claims and Article 83 EPC

Art. 83 EPC requires that the European patent application discloses the invention in a manner sufficiently clear and complete for it to be carried out by a person skilled in the art. In certain circumstances, for example when undefined parameters are used in the claims and no details of the measuring methods are supplied, the question arises whether there is a problem with respect to Art. 83 or Art. 84 EPC. The answer is important, because Art. 83 EPC is a ground for opposition, whereas Art. 84 EPC is not. See chapter II.C.8. "The relationship between Article 83 and Article 84".

5 references found.

Click X to load a reference inside the current page, click on the title to open in a new page.

EPC Articles

Case Law Book: II Conditions to be met by an Application