T 1473/19 – claim interpretation, added matter, and the importance of a comma
In a recent decision from the European Patent Office (EPO), T 1473/19, the Board of Appeal revoked a patent for added subject matter, due to its interpretation that claim 1 lacked basis in the description of the application as filed. Senior associate and patent attorney Sarah Gibbs, and patent attorney Amelia Barton, explain how this case highlights the importance of precise claim drafting, and the potential pitfalls when there are discrepancies between the claims and the description of the invention.
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