SONN Patentanwälte – IP Attorneys

Interpretation of claims in the light of the description

According to established case law of the Board of Appeal, Art 69 (1) EPC and the Protocol on its Interpretation refer to the “scope of protection” granted by the European patent or the European patent application. This "scope of protection" is of importance especially in patent infringement proceedings. In examination and opposition proceedings, however, the future legal certainty is erga omnes of importance. Therefore, in the light of the description, Art 69 EPC and the Protocol on its Interpretation cannot be used in examination and opposition proceedings to exclude subject-matter from the claims which is covered in a literal sense by expert interpretation (EPO Board of Appeal 21/09/2020, T 30/17, Signalling control information/ERICSSON).