News from Abroad — Disclaimers: Door Remains Open for Undisclosed Disclaimers at European Patent Office

By Sophie Blake* — The Enlarged Board of Appeal has now released its written decision in respect of G 1/16 (T 0437/14). This decision resolves the question regarding which standard is to be applied to determine whether an "undisclosed disclaimer" in a patent claim introduces added subject-matter (that is, it contravenes Article 123(2) EPC). Previously G 1/03 and G 2/10 have both addressed issues regarding added subject-matter of disclaimers; this is therefore the third Enlarged Board of Appeal decision to be issued in just over a decade on this subject, which perhaps gives an indication of how contentious an issue…Original Article