EPO, Technical Board of Appeal 3.2.04, 28 September 2009, Decision No. T 567/08 – Unilever v. Plasticos and Colgate-Palmolive
As to the problem of added subject-matter, EPO practice exhibits a specific feature which is dangerous for the patentee in opposition proceedings. If the EPO considers a limiting amendment, made and allowed in grant proceedings, to have added new matter, the patentee falls into the inescapable trap created by the Enlarged Board of Appeal in decision G 1/93: The amendment cannot remain in the claim because of the prohibition of adding new matter in and it cannot be removed from the claim because of the prohibition of extending the scope of protection after grant.
Recent Comments