Chapter IV – Claims (Art. 84 and formal requirements)
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  7. 6. Support in description
  8. 6.2 Extent of generalisation
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6. Support in description

Overview

6.2 Extent of generalisation 

Most claims are generalisations of one or more particular examples. The extent of generalisation permissible is a matter for the division to judge in each particular case in the light of the relevant prior art. Thus, an invention opening up a whole new field is entitled to more generality in the claims than one concerned with advances in a known technology. A fair statement of claim is one which is not so broad that it goes beyond the invention nor yet so narrow as to deprive the applicant of a just reward for the disclosure of their invention. The applicant is allowed to cover all obvious modifications of, equivalents to and uses of that which they have described. In particular, if it is reasonable to predict that all the variants covered by the claims have the properties or uses the applicant ascribes to them in the description, they are allowed to draw the claims accordingly. After the filing date date of filing, however, the applicant is allowed to do so only if this does not contravene Art. 123(2).

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