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ARTICLE · 09 MARCH 2023

Review Of EPO Parameter Decisions In 2022

J A Kemp
J A Kemp
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J A Kemp

J A Kemp

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Before the EPO, parameters can be used to define a claim scope which appropriately captures an invention.

United StatesIntellectual Property
Stuart Raynor
Stuart Raynor
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Before the EPO, parameters can be used to define a claim scope which appropriately captures an invention. Parameters are based on measurable values and can relate to any property of a product or a process. They are often used in the chemical sphere and are particularly useful in situations where it is not possible to reflect the characteristics of an invention by relying upon structural features alone.

Since parameters are commonly used in the claims of EP patents, a large body of case law provides insights into the approaches adopted by the Boards of Appeal when considering issues that arise when relying upon such features. The present review highlights some of the issues that can be faced by parameter inventions as illustrated by cases which were published during 2022.

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