GL H V 3.5 Disclaimer disclosed in the application as originally filed

In this case, the original application already indicates that specific subject-matter is not part of the invention.
Negative features help to define the claimed invention in the same way as positive ones, and must be examined on the same basis. In other words, they may confer novelty and, like positive features, should be assessed as to their relevance to inventive step. They must also fulfil the requirements of Art. 84 (clarity, conciseness and support), and their inclusion in the claims must not infringe Art. 123(2) (T 170/87, T 365/88).[Art. 123(2); ]
Examples: 
– "... said delivery means does not comprise a capacitor element"; 
– "... with the proviso that blends having a melt index of lower than 0.05 are excluded". 
Negative features, like positive ones, may be structural or functional, and may relate to either a physical entity or an activity.

11 references found.

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

EPC Articles

EPO Guidelines - F The European Patent Application

EPO Guidelines - G Patentability

EPO Guidelines - H Amendments and Corrections

EPO PCT GL - H Amendments and Corrections

General Case Law

own subtype: guidelines