Luxembourg: Golden Disclaimers
The Enlarged Board of Appeal of the European Patent Office has issued decision G 1/16 on the allowability of undisclosed disclaimers introduced into a patent claim. This decision confirms that “undisclosed disclaimers” in European patent applications are permissible under certain circumstances thus clarifying a decade-old saga on this matter.
The saga of disclaimers used in patent claims before the European Patent Office is ongoing for decades. A disclaimer in a patent claim serves to remove non-patentable subject matter from […]