Tuesday 27 June

Assessing the compliance of amendments with Articles 123(2) and 76(1) EPC

When and where

Date and time

Start: Tuesday 27 June 2023, 12:30 PM

End: Tuesday 27 June 2023, 02:00 PM

Event Overview

In this webinar we will look in detail into how added subject-matter is assessed vis-à-vis Article 123(2) and Article 76(1) EPC at the EPO. The theoretical approach of the so-called ‘gold standard’ will be studied, alongside the essentiality test and recent developments such as undisclosed disclaimers. A number of examples, based on both simulated and real recent cases from the Boards of Appeal, will be presented to show how the approach is applied in practice. Some particular challenges, such as whether intermediate generalisations are allowable or not, and the derivation of amendments from drawings, will be discussed. We will also look at the borderline between allowable corrections under R. 139 EPC and contravention of Article 123(2) and/or Article 76(1) EPC



Ian Rees, IPO

Ian Rees, IPO

After starting my career in research with the Ministry of Defence, I have worked at the Intellectual Property Office for over 20 years as a Patent Examiner. My main role is in the examination of patents in the field of electrical measurement and testing, although I have worked on a variety of subject matter over the years. I am also part of the IPO Patent Examination Division Training Team, delivering training to both newly recruited examiners and to experienced examiners as part of our Regular Examiner Training refresher courses. I am a lead trainer on subjects including Priority Dates, Patent Search and Added Matter.

Adam Cohen, EPO

Adam Cohen, EPO

Adam Cohen, GB, administrator (50%), Directorate of Quality Audit, examiner (50%), Light Guides (G02B6), EPO The Hague. BA, MA and PhD in electrical and information sciences/photonic engineering from Cambridge University. Worked in optics/telecom industries in Japan, Canada, the USA and the UK. Joined the EPO as an examiner in 2003; working in opposition since 2012, including chairing oppositions since 2014. Also involved in EPO IT projects, geographical outreach and communication quality projects. Coaches new examiners and is an expert on Japanese translation queries. Former committee member of the Asian Patent Expert Group.

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