EPO Enlarged Board Gives Its Opinion on Clarity in Opposition

26 March 2015

The EPO's Enlarged Board of Appeal has issued its decision in Case G3/14 limiting the extent to which EPO Opposition Divisions and Boards of Appeal should consider clarity following amendments made in Oppositions.  The Board has confirmed that the claims of a patent may be examined for compliance with the requirements of clarity (Article 84) EPC only when, and then only to the extent that, the amendment introduces non-compliance with Article 84 EPC. The Board specifically disapproved a wider approach to the examination of clarity in Opposition and Opposition/Appeal proceedings.  This means that, for example, an existing clarity issue which does not newly arise from an amendment should not be re-examined.

The full text of the decision can be found here.

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