Oct 14, 2019   SOURCE: BusinessWire

Advanced Drafting Techniques for Successful EPO Patent Applications: London, United Kingdom - June 10, 2020 - ResearchAndMarkets.com

The "Advanced Drafting Techniques for Successful EPO Patent Applications" conference has been added to ResearchAndMarkets.com's offering.

Many patent applications and patents are lost before the EPO, either before Opposition Divisions or before Appeal due to incorrect original drafting, and added subject matter is a recurrent problem. Learn advanced drafting techniques for successful EPO patent applications.

Many patent applications and patents are lost before the EPO Boards of Appeal due to incorrect original drafting. Added subject matter is a recurrent problem: Amendments made during grant procedure, to take account or new prior art, amount to added subject-matter, often fatal in opposition procedure before the EPO, and national courts.

Sufficiency of disclosure can also be a problem, as if initial disclosure is insufficient, amending it can amount to adding subject-matter.

The purpose of the seminar is to identify the problems of added subject-matter and sufficiency of disclosure, and show how they can be easily avoided by careful drafting.

Key Topics Covered:

  • Article 123(2) - added subject matter
  • Avoiding problems with amendments
  • Article 83 - sufficiency of disclosure

Continuing Professional Development

This course qualifies for the following CPD programmes:

  • CPD certificate of attendance: 5.50 hours
  • General Council of the Bar: 5.50 hours

Who Should Attend:

  • Qualified European patent attorneys
  • Patent attorneys in private practice
  • Corporate patent attorneys and lawyers
  • People working or training in intellectual property
  • US attorneys working in Europe
  • Trainee patent attorneys
  • EQE Candidates

Those already familiar with the field will find the seminars valuable for updating their knowledge on the latest case law and its implications

Agenda:

How to identify and deal effectively with added subject matter at the EPO - Article 123(2)

  • Documents of reference for the application of Art 123(2)
  • Decisions of the Enlarged Board of Appeal
  • Tools available in order to assess added subject-matter
  • Main criterion directly and unambiguously derivable
  • Examples of amendments not allowable under Art 123(2)
  • Examples of amendments allowable under Art 123(2)
  • Necessity to indicate amendments and their basis

How to identify and deal effectively with added subject matter at the EPO - Article 123(2) continued

  • Added subject-matter and clarity
  • Other not allowable cases of adding subject-matter
  • Broadening of features or intermediate generalisation
  • Revision of the stated technical problem
  • Prior art disclosed in the application/patent
  • Divisional applications
  • Correction of errors
  • Added subject-matter and extension of protection
  • Disclosed and undisclosed disclaimers

Practical workshop: Exercises to exemplify the concepts learnt

The importance of sufficiency of disclosure - Article 83

  • Enabling disclosure
  • Objections concerning essential features
  • The interplay between Art 83, Art 84 and Art 56
  • Sufficiency when overcoming a prejudice
  • Fundamental and partial insufficiency
  • Sufficiency and Rule 56
  • Consequences of a lack of sufficiency at search stage
  • Sufficiency vs. Clarity
  • Plausibility, especially in the medicine sector
  • Substantiation of lack of sufficiency in opposition

The importance of sufficiency of disclosure - Article 83 continued

  • Sufficiency vs. added subject-matter
  • Disclaimers and sufficiency
  • Reach-through' claims

Practical workshop: Exercises to exemplify the concepts learnt

Latest case law and its implications for your EPO patent applications

  • General case law on sufficiency
  • Case law on sufficiency in biotechnology

For more information about this conference visit https://www.researchandmarkets.com/r/5jfspv