4. Disclaimers

In its decisions G 1/03 and G 2/03 (OJ 2004, 413 and 448) the Enlarged Board of Appeal used the term "disclaimer" as meaning an amendment to a claim resulting in the incorporation therein of a "negative" technical feature, typically excluding specific embodiments or areas from a general feature.

Disclaimers play an important role in the drafting of claims and amendments. The principles concerning the allowability of disclaimers are set out in chapter II.E.1.4 of this book.

Quick Navigation