Claims Under The European Patent Convention - Clarity

Clarity

According to the established case law of the EPO boards of appeal, the claims must be clear "in themselves when being read with the normal skills, but not including any knowledge derived from the description of the patent application ...". In other words, the wording of a claim must be clear in itself.

As mentioned above, a claim must define the matter for which the protection is sought in terms of the technical features of the invention. These technical features need not necessarily be structural however. They may be either structural (e.g. a nail, a rivet) or functional (e.g. fastening means).

The scope of the claims must also not be "broader than is justified by the extent of the description and also the contribution to the art". "his requirement reflects the general legal principle that the extent of the patent monopoly, as defined by the claims, should correspond to the technical contribution to the art in order for it to be supported, or justified."

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