A.69 EPC Extent of protection

(1)
The extent of the protection conferred by a European patent or a European patent application shall be determined by the claims. Nevertheless, the description and drawings shall be used to interpret the claims. 
(2)
For the period up to grant of the European patent, the extent of the protection conferred by the European patent application shall be determined by the claims contained in the application as published. However, the European patent as granted or as amended in opposition, limitation or revocation proceedings shall determine retroactively the protection conferred by the application, in so far as such protection is not thereby extended. 
 
[ Art. 2 164 ]
[ 61 ]
Amended by the Act revising the European Patent Convention of 29.11.2000. The Protocol on the Interpretation of Article 69 EPC (see p. 632) is an integral part of the Convention pursuant to Article 164, paragraph 1.
[ 62 ]
See decisions of the Enlarged Board of Appeal G 2/88, G 6/88 (Annex I).

Source: http://www.epo.org/law-practice/legal-texts/html/epc/2016/e/ar69.html

Date retrieved: 30 December 2018

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EPC Articles

EPO Guidelines - B Search

EPO Guidelines - D Opposition and Limitation/Revocation Procedures

EPO Guidelines - E General Procedural Matters

EPO Guidelines - F The European Patent Application

EPO Guidelines - H Amendments and Corrections

EPO PCT GL - F (not assigned)

Offical Journal of the EPO

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

Case Law Book: III Amendments

Case Law Book: IV Divisional Applications

Case Law of the Enlarged Board

General Case Law