Our final post covering the EPO’s recent roadshow for professional representatives around Europe is on the subject of added matter. The first article in this series looked at the rule 164 procedure and the second article covered early processing, PCT Direct and rule 71(3).

European patent applications, of course, should disclose the invention in a sufficiently clear and complete manner that the invention can be carried out by a skilled person. Applications should not be amended such that they contain subject matter that extends beyond the content of the application as filed. Extended added matter is both a ground for opposition under Art 100(c) and revocation under Art 138(1) EPC.

The EPO representative at the roadshow confirmed the general approach the Examiners take when assessing whether an amendment represents added matter. The practice at first instance is: (more…)