Review Of EPO Parameter Decisions In 2020

Before the EPO parameters are defined as features which are based on directly measurable properties or combinations of several variables in the form of formulae. This might be a claim defined by the viscosity of a composition, or the particle size of a powder, for example. Relying on such features to define an invention is commonplace within the chemical sphere and can be very useful. However, their utility is not limited to such subject matter and they could be used to define characteristic features in a broad range of technologies.

The EPO has developed a large amount of case law which relates specifically to the use of parameters in the claims, in particular whether these claims fulfil the requirements for clarity and sufficiency. Here we review the cases in this area which have issued during 2020. The majority of cases before the Boards of Appeal this year where parameters have been at issue have been appeals from decisions of the Opposition Division. Since lack