Amendments to European Patent Applications and Patents
Article 123 (2) EPC: Allowed Amendments
Under Article 123 (2) of the European Patent Convention (EPC), the European patent application or patent may be amended in terms of its content as filed, including parts of the application that determine the scope of protection, such as the claims.
Auxiliary Request 2b (Article 1232 EPC)
Auxiliary request 2b, corresponding to auxiliary request VI, allows for amendments to the claims in order to distinguish the claimed subject matter from an anticipatory document under Article 54 (2) EPC.
Article 1232 EPC: Added Subject Matter
Article 1232 EPC permits the addition of subject matter to the patent application or patent if it does not extend the scope of protection conferred by the originally filed claims.
Extension of Protection (Article 1233 EPC)
Article 1233 EPC allows for the extension of the protection conferred by the European patent if the subject matter of the amendment does not extend beyond the content of the application as filed.
Key Interpretations of Articles 69 and 1232 EPC
Recent verdicts have provided pivotal interpretations regarding the application of Articles 69 and 1232 EPC in patent claim amendments. These interpretations clarify the scope of allowable amendments and the principles of distinguishing claimed subject matter from prior art.
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