CLR II C 6.4 Use to which invention is put

Where a disadvantage of an invention (in this case the risk of injury to users) could prevent its use, this is not an obstacle to reproducibility provided that the otherwise desired result is achieved by the technical teaching disclosed in the patent in suit (T 881/95, see also T 468/09). An Art. 83 EPC objection concerning the absence of any detailed indication of the use envisaged for the products cannot succeed, as Art. 83 EPC merely requires the invention to be sufficiently disclosed (see e.g. T 866/00).

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

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