Advanced Drafting Techniques for Successful EPO (European Patent Office) Patent Applications: 1-Day Online Training Course (May 10th, 2024)


Dublin, Jan. 31, 2024 (GLOBE NEWSWIRE) -- The "Advanced Drafting Techniques for Successful EPO (European Patent Office) Patent Applications Training Course" conference has been added to ResearchAndMarkets.com's offering.

Many patent applications and patents are lost before the EPO, either before Opposition Divisions or before Appeal. Incorrect original drafting and added subject matter are recurrent problems.

Amendments made during the grant procedure to incorporate new prior art amount to added subject matter, which is often fatal in opposition procedure before the EPO and in nullity proceedings before national courts.

Sufficiency of disclosure can also be a problem and if initial disclosure is insufficient, amending it can amount to adding subject matter.

The purpose of this seminar is to identify the problems of added subject matter and sufficiency of disclosure and show how they can be easily avoided by careful drafting.

Key topics covered:

  • Article 123(2) - identify and deal effectively with added subject matter
  • How to avoid problems with amendments
  • Article 83 - the importance of sufficiency of disclosure

Who Should Attend:

  • European patent attorneys
  • Patent attorneys in private practice
  • Corporate patent attorneys and lawyers
  • People working or training in intellectual property
  • US attorneys working in Europe
  • Trainee patent attorneys
  • EQE candidates

Agenda

How to identify and deal effectively with added subject matter at the EPO - Article 123(2)

  • Documents of reference for the application of Art 123(2)
  • Decisions of the Enlarged Board of Appeal
  • Tools available in order to assess added subject matter
  • Main criterion directly and unambiguously derivable
  • Examples of amendments not allowable under Art 123(2)
  • Examples of amendments allowable under Art 123(2)
  • Necessity to indicate amendments and their basis
  • Added subject matter and clarity
  • Other not-allowable cases of adding subject matter
  • Broadening of features or intermediate generalisation
  • Revision of the stated technical problem
  • Prior art disclosed in the application/patent
  • Divisional applications
  • Correction of errors
  • Added subject matter and extension of protection
  • Disclosed and undisclosed disclaimers

PRACTICAL WORKSHOP: Exercises to exemplify the concepts learnt

The importance of sufficiency of disclosure - Article 83

  • Enabling disclosure
  • Objections concerning essential features
  • The interplay between Art 83, Art 84 and Art 56
  • Sufficiency when overcoming a prejudice
  • Fundamental and partial insufficiency
  • Sufficiency and Rule 56
  • Consequences of a lack of sufficiency at search stage
  • Sufficiency vs clarity
  • Plausibility, especially in the medicine sector
  • Substantiation of lack of sufficiency in opposition
  • Sufficiency vs added subject matter
  • Disclaimers and sufficiency
  • 'Reach-through' claims

PRACTICAL WORKSHOP: Exercises to exemplify the concepts learnt

Latest case law and its implications for your EPO patent applications

  • General case law on sufficiency
  • Case law on sufficiency in biotechnology

For more information about this conference visit https://www.researchandmarkets.com/r/eth1p6

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