Objection of lack of support 

See ISPE Guidelines 5.44.

Once the examiner has set out a reasoned case that, for example, a broad claim is not supported over the whole of its breadth, the onus of demonstrating that the claim is fully supported lies with the applicant (see GL/PCT‑EPO F‑III, 4).

The question of support is illustrated by examples (i) to (iii) in GL/EPO F‑IV, 6.3. See also ISPE Guidelines 5.53.

Where it is found that the claims lack support in the description under Art. 6, it may be appropriate for the examiner to first invite the applicant to provide informal clarification before the search is carried out (see GL/PCT‑EPO B‑VIII, 3.3-3.6).

Quick Navigation