Claims Under The European Patent Convention - Applicability in Opposition and Revocation Proceedings

Applicability in Opposition and Revocation Proceedings

Article 84 is neither a ground of opposition under Article 100 EPC nor a ground for revocation under Article 138(1) EPC. Article 84 may however play a role in opposition proceedings if the patent proprietor makes amendments to the claims during the opposition proceedings.

In opposition proceedings, if the claims of the opposed patent are sufficiently clear for a skilled person to understand them without difficulty, then there is no reason to consult the description to interpret the claims.

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