Inescapable Article 123(2) and (3) EPC Trap
If a European patent contains a feature which was not disclosed in the application as filed (in contravention of Article 123(2) EPC) and if the removal of this feature would extend the scope of protection beyond the scope conferred by the patent as granted (in contravention of Article 123(3) EPC), the European patent has, in principle, to be revoked. In principle again, it does not matter whether the amendment leading to such a situation may have been approved during prosecution by the examining division, since the responsibility for any amendment always lies with the applicant.
Read more about this topic: Amendments Under The European Patent Convention
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