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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