|European Case Law Identifier:||ECLI:EP:BA:2017:G000116.20171218|
|Date of decision:||18 December 2017|
|Case number:||G 0001/16|
|IPC class:||H01L 51/30
|Language of proceedings:||EN|
|Download and more information:||
|Title of application:||Complexes of form L2IrX|
|Applicant name:||The Trustees of Princeton University
The University of Southern California
|Opponent name:||Merck Patent GmbH
|Headnote:||For the purpose of considering whether a claim amended by the introduction of an undisclosed disclaimer is allowable under Article 123(2) EPC, the disclaimer must fulfil one of the criteria set out in point 2.1 of the order of decision G 1/03.
The introduction of such a disclaimer may not provide a technical contribution to the subject-matter disclosed in the application as filed. In particular, it may not be or become relevant for the assessment of inventive step or for the question of sufficiency of disclosure. The disclaimer may not remove more than necessary either to restore novelty or to disclaim subject-matter excluded from patentability for non-technical reasons.
|Relevant legal provisions:||
|Keywords:||Allowability of undisclosed disclaimers
Applicability of the gold standard disclosure test as defined in decision G 2/10 to undisclosed disclaimers Â no
Applicability of criteria as defined in decisions G 1/03 and G 2/03 Â yes
Drafting of undisclosed disclaimers Â no technical contribution to the claimed subject-matter of the application as filed may be provided
Date retrieved: 30 December 2018
93 references found.Click X to load a reference inside the current page, click on the title to open in a new page.
EPC Implementing Rules
EPO Guidelines - G Patentability
XGL G II 5.4 Plant and animal varieties, essentially biological processes for the production of plants or animals
EPO Guidelines - H Amendments and Corrections
XGL H V 4.1 The subject-matter to be excluded is not disclosed in the application as originally filed (so-called undisclosed disclaimers)