Error message

Deprecated function: Using ${var} in strings is deprecated, use {$var} instead in include_once() (line 1442 of includes/bootstrap.inc).
Deprecated function: Using ${var} in strings is deprecated, use {$var} instead in include_once() (line 1442 of includes/bootstrap.inc).
Deprecated function: Optional parameter $type declared before required parameter $nid is implicitly treated as a required parameter in include_once() (line 1442 of includes/bootstrap.inc).

GL-PCT F IV 6.3 Objection of lack of support

Once the examiner has set out a reasoned case that, for example, a broad claim is not supported over the whole of its breadth, the onus of demonstrating that the claim is fully supported lies with the applicant (see GL/PCT‑EPO F‑III, 4).

The question of support is illustrated by examples (i) to (iii) in GL

GL-PCT F IV 6.2 Extent of generalisation

See ISPE Guidelines 5.52.

An invention which opens up a whole new field is entitled to more generality in the claims than one which is concerned with advances in a known technology.

GL-PCT F IV 6.1 General remarks

See ISPE Guidelines 5.43.[Art. 6; ]

Regarding support for dependent claims by the description, see GL/PCT‑EPO F‑IV, 6.6.

GL-PCT F IV 6 Support in description

6.1 General remarks

6.2 Extent of generalisation

6.3 Objection of lack of support

6.4 Lack of support vs. insufficient disclosure

6.5 Definition in terms of function

GL-PCT F IV 5 Conciseness, number of claims

See ISPE Guidelines 5.42.[Rule 6.1(a); ]

The EPO applies option GL/ISPE A5.42[2] of the Appendix to Chapter 5 of the ISPE Guidelines.

Where it is found that the claims lack conciseness under Art. 6, it may be appropriate for t

GL-PCT F IV 4.23 Order of claims

There is no legal requirement that the first claim should be the broadest. However, Art. 6 requires that the claims must be clear not only individually but also as a whole. Therefore, where there are a large number of claims, they should be arranged with the broadest claim first.

GL-PCT F IV 4.22 Broad claims

The PCT Regulations do not explicitly mention overly broad claims.

GL-PCT F IV 4.21 Functional definition of a pathological condition

Section F‑IV, 4.22, in the Guidelines for Examination in the EPO applies mutatis mutandis.

GL-PCT F IV 4.20 "Comprising" vs. "consisting"

Section F‑IV, 4.21, in the Guidelines for Examination in the EPO applies mutatis mutandis.[GL/ISPE 5.24(a); (b); ]

GL-PCT F IV 4.19 Negative limitations (e.g. disclaimers)

A claim's subject-matter is normally defined in terms of positive features indicating that certain technical elements are present. Exceptionally, however, the subject-matter may be restricted using a negative limitation expressly stating that particular features are absent.