Chapter III – Effects of the European patent and the European patent application
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16th edition: this version presents the text in force on 1 July 2020. |
(1) The extent of the protection conferred by a European patent or a European patent application shall be determined by the claims. Nevertheless, the description and drawings shall be used to interpret the claims.
(2) For the period up to grant of the European patent, the extent of the protection conferred by the European patent application shall be determined by the claims contained in the application as published. However, the European patent as granted or as amended in opposition, limitation or revocation proceedings shall determine retroactively the protection conferred by the application, in so far as such protection is not thereby extended.
61Amended by the Act revising the European Patent Convention of 29.11.2000. The Protocol on the Interpretation of Article 69 EPC (see p. 632) is an integral part of the Convention pursuant to Article 164, paragraph 1.
62See decisions of the Enlarged Board of Appeal G 2/88, G 6/88 (Annex I).