Allowability of Disclaimers

(IPRinfo 3/2004)

Arja Weckman
European Patent Attorney
A member of European Patent Practice Committee

Abstract:
On 8 April, 2004 the Enlarged Board of Appeal of the European Patent Office upheld in two parallel decisions the established jurisprudence of allowing the undisclosed disclaimer. The decisions were welcomed by users of the system, especially those representing the fields of chemistry and biotechnology. However, it seems to be too early to foresee the consequences of the decisions for any particular case.

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The decisions of the Enlarged Board of Appeal of the EPO (8 April, 2004) G 0001/03 and G 0002/03 are available on EPO web site:
http://legal.european-patent-office.org/dg3/updates/2004_04_19.htm