EPO case law: Principle of party disposition and public interest

An interpretation of a patent claim mutually agreed upon by the parties to the proceedings is not binding on the BoA. The principle of disposition is not to be understood in such a way that the parties to the proceedings can choose an interpretation which they themselves are satisfied with, but which could be of importance erga omnes. Such interpretations could in fact indirectly amend the subject-matter of the patent contrary to Article 123 (2) EPC beyond the content of the application as originally filed or extend the scope of protection contrary to Article 123 (3) EPC. It is also established BoA case law that a claim is to be interpreted in such a way that it has a meaning (EPO-BoA 29 September 2017, T 1513/12).