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
Famous quotes containing the words inescapable, article and/or trap:
“The obvious parallels between Star Wars and The Wizard of Oz have frequently been noted: in both there is the orphan hero who is raised on a farm by an aunt and uncle and yearns to escape to adventure. Obi-wan Kenobi resembles the Wizard; the loyal, plucky little robot R2D2 is Toto; C3PO is the Tin Man; and Chewbacca is the Cowardly Lion. Darth Vader replaces the Wicked Witch: this is a patriarchy rather than a matriarchy.”
—Andrew Gordon, U.S. educator, critic. “The Inescapable Family in American Science Fiction and Fantasy Films,” Journal of Popular Film and Television (Summer 1992)
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