ARTICLE · 13 NOVEMBER 2024

What Makes Description And Drawing So Important To Support Claim Scope At The UPC?

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Ensure your European patent is fit for litigation at the UPC by aligning claim scope with description and drawings. Use explicit definitions and examples while cautiously managing EPO-required amendments.

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In his second article in this series, Matthew Howell explores the importance of description and drawing to support the claim scope. It's one of the areas you can focus on to improve your chances of success at the UPC.

This series of articles answers a question we're hearing more and more often from our clients: What can we do in drafting and prosecution to make sure our European patents are fit for litigation at the UPC?

Ensure that the description and drawings support the claim scope you want.

I cannot emphasise enough the role good drafting practice plays in ensuring that your European patent is fit for litigation at the UPC, especially ensuring that the description and drawings of your application support the claim scope you want to achieve.

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