Basic principles 
The European patent as granted or as amended in opposition, limitation or revocation proceedings determines retroactively the protection conferred by the European patent application, insofar as such protection is not thereby extended.
Opposition proceedings will frequently give rise to amendments to the claims, following from grounds for opposition raised under Art. 100. Reasoned requests filed independently by the proprietor of the patent for an amendment to the claims, e.g. for limitation of the patent in view of an aspect of the state of the art which has come to his knowledge, may also result in amendments to the claims after examination by the opposition division.

In such cases the claims of the European patent may not be amended in such a way as to extend the protection conferred by the patent.

Field of application

Art. 123(3) is directly aimed at protecting the interests of third parties by prohibiting any broadening of the claims of a granted patent, even if there should be a basis for such broadening in the application as filed (see G 1/93, Reasons 9).

Quick Navigation