Wednesday, 21 March 2018

VPATAPP Alert_Clarification of disclaimer practice at the EPO



By Carpmaels & Ransford LLP

In its recent G 1/16 decision, the European Patent Office (EPO) Enlarged Board of Appeal clarified how disclaimers should be examined. While undisclosed disclaimers must meet the four-step test set out in G 1/03, disclosed disclaimers must comply with the 'gold standard' of G 2/10. Despite this clarification, disclaimers still present significant risks in Europe and should be used cautiously.


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