Article 83 of the European Patent Convention (EPC) relates to the disclosure of the invention under the European Patent Convention. It prescribes that a European patent application must disclose the invention (which is the subject of the European patent application) in a manner sufficiently clear and complete for it to be carried out by a person skilled in the art.
In order to meet the requirements of Article 83 EPC, a European patent application must therefore contain sufficient information to allow a person skilled in the art, using his common general knowledge, to perceive the technical teaching inherent in the claimed invention and to put it into effect accordingly. In other words, the disclosure of the invention must be reproducible without undue burden. This requirement must be complied with as from the date of filing because a deficiency in a European patent application as filed, consisting in an insufficient identification of the subject-matter claimed, cannot subsequently be cured without offending against Article 123(2) EPC which provides that the subject-matter content of a European patent application as filed may not be extended.
An insufficiently clear and complete disclosure of the invention is a ground of opposition, and revocation.
Read more about Disclosure Of The Invention Under The European Patent Convention: Article 83 EPC and The Generally Accepted Laws of Physics, Burden of Proof in Opposition, Relationship Between Article 83 and 84 EPC, Implementing Regulations, Especially Rule 42 EPC
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