Quick Navigation

 

Guidelines for Examination

 
 

3.7 Conflicts between Art. 123(3) and other requirements of the EPC

Other requirements of the EPC may also interact with Art. 123(3) after grant. For instance, if a patent as granted only contains claims that in fact define a "method for treatment of the human or animal body by therapy or surgery practised on the human or animal body" or contain such a method step, and such a patent is opposed under Art. 53(c), then Art. 53(c) and 123(3) may operate in combination so that the patent must inevitably be revoked, in that:

– 
the patent cannot be maintained as granted because its claims define subject-matter which is excluded from patentability under Art. 53(c); and
– 
the patent cannot be maintained in amended form because amendment of the claims as granted by deletion of such "method features" would be contrary to Art. 123(3) (see T 82/93).
References

Art. 123(3)