Extent of Protection
A first aspect relating to the infringement of European patents which is prescribed in the EPC is the extent of protection conferred by a European patent. Article 69(1) EPC reads:
- The extent of the protection conferred by a European patent or a European patent application shall be determined by the claims. Nevertheless, the description and drawings shall be used to interpret the claims.
In other words, the "extent of the protection" conferred by a European patent is determined primarily by reference to the claims of the European patent (rather than by the disclosure of the specification and drawings, as in some older patent systems), though the description and drawings are to be used as interpretive aids in determining the meaning of the claims. A "Protocol on the Interpretation of Article 69 EPC" provides further guidance, that claims are to be construed using a "fair" middle position, neither "strict, literal" nor as mere guidelines to considering the description and drawings, though of course even the protocol is subject to national interpretation. The authentic text of a European patent application and of a European patent are the documents in the language of the proceedings.
Read more about this topic: Enforcement Of European Patents
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