Classes, subclasses and post-grant amendments before the EPO
EPO case law, EPO oppositions and appeals, EPO practice, EPO T decisions Michał Dąbrówka EPO case law, EPO oppositions and appeals, EPO practice, EPO T decisions Michał Dąbrówka

Classes, subclasses and post-grant amendments before the EPO

Narrowing a chemical class of compounds to a sub-class or to a specific compound can be a legitimate strategy for defending a patent before the European Patent Office. However, where the claim in question also defines the class in quantitative terms, such amendments may give rise to objections under Article 123(3) EPC. This article analyses situations in which such amendments may nevertheless result in an extension of the scope of protection, with reference to the relevant EPO case law.

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Priority entitlement and sufficiency of disclosure – T 883/23
EPO case law, EPO practice, EPO T decisions Michał Dąbrówka EPO case law, EPO practice, EPO T decisions Michał Dąbrówka

Priority entitlement and sufficiency of disclosure – T 883/23

T 883/23 serves as a reminder that compliance with the requirement of “the same invention” of Article 87(1) EPC is not merely a matter of direct and unambiguous disclosure; notably, the claimed subject matter must have also been sufficiently disclosed in the earlier application. Read more in our latest blog post.

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Added subject matter, unclear parameters - T 1184/23 and T 1440/23
EPO case law, EPO oppositions and appeals, EPO practice, EPO prosecution, EPO T decisions Michał Dąbrówka EPO case law, EPO oppositions and appeals, EPO practice, EPO prosecution, EPO T decisions Michał Dąbrówka

Added subject matter, unclear parameters - T 1184/23 and T 1440/23

Two recent decisions from the EPO’s Technical Board of Appeal (T 1184/23 and T 1440/23) highlight the complexities of drafting, prosecuting and defending chemical patent applications with parametric definitions in the claims. Our latest article explains the key takeaways from both cases, offering practical guidance for applicants navigating clarity and added subject matter requirements before the EPO.

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