13Jan2012
Combined VCR index and EPG/Gemstar, European Patent Office (EPO Board of Appeal), 14 September 2011
- By Ferry van Looijengoed,
for Kluwer IP Cases
The question of whether or not a claim in a patent deriving from a divisional application covering or embracing something which was not specifically disclosed in the parent application, is not the proper standard for determining whether there has been an inadmissible extension of subject-matter. Although broadening of individual features is not prohibited by Art. 76(1) EPC, the correct test is whether the amendments have been directly and unambiguously disclosed in the parent application.
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