Implementing Regulations, Especially Rule 42 EPC
Rule 42 EPC specifies the content of the description of a European patent application and constitutes an implementing rule of Article 83 EPC. Rule 42(1)(e) EPC (previously Rule 27(1)(e) EPC 1973) notably specifies that " description shall ... describe in detail at least one way of carrying out the invention claimed, using examples where appropriate and referring to the drawings, if any." In that respect,
- " jurisprudence of the boards of appeal draws a clear distinction between the concepts of "way of carrying out the invention claimed" and "examples" referred to in . ... the detailed description of one way of carrying out the invention claimed has to be interpreted in the light of Article 83 EPC. It constitutes a condition to be met by the description as a whole and is clearly mandatory. In contrast, the presence of examples would only be indispensable if the description would otherwise not be sufficient to meet this requirement. Hence, the purpose of the "examples" evoked in appears primarily to be to complete an otherwise incomplete teaching."
Read more about this topic: Disclosure Of The Invention Under The European Patent Convention
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