SONN Patentanwälte – IP Attorneys

No interpretation of claim features clear by themselves in the light of the description

The principle of primacy of the claims seems to exclude the use of the description and drawings for limiting the claims in proceedings before the EPO (in contradiction to patent infringement proceedings before the UPC or national courts) if an interpretation of the claim in the light of common general knowledge already leads to a technically meaningful result. Similarly, the principle, established by case law, according to which "limiting features which are only present in the description and not in the claim cannot be read into a patent claim" is also fully compatible with Article 69 EPC and Article 1 of the Protocol on the Interpretation of Article 69 EPC (Board of Appeal of the EPO 6. 2. 2024, T 1628/21).