Support Flashcards
T 409/91 Fuel oils/EXXON [1994]
The purpose of the support obligation is to ensure that the extent of protection corresponds to the technical contribution made
Key terms: purpose of support
T 1048/05 Luciferasel/PERKIN ELMER LAS
It is not enough to just recite the claims in the description
Key terms: minimum requirement for support
T 156/91 Styrolherstellung/METALLGESELLSCHAFT
The absence of an essential feature from a claim is (during examination) better objected to as a lack of support and not insufficiency
Key terms: minimum requirement for support
Schering Biotech Corp’s Application [1993]
‘to decide whether the claims are supported by the description, it is necessary to ascertain what is the invention which is specified in the claims and then compare that with the invention which has been described in the specification. Thereafter the court’s task is to decide whether the invention in the claims is supported by the description. I do not believe mere mention in the specification of features appearing in the claim is not necessarily sufficient support. The word ‘support’ means more than that and requires the description to be the base which can fairly entitle the patentee to a monopoly of the width claimed’
Key terms: correct approach to support
Difference between the UK and the EPO
At the EPO, support cannot be raised during opposition proceedings;
In the UK, lack of support is a ground of revocation
Ref: Biogen v Medeva [1997]
