The flexible professional as opposed to the rigid ‘average’ skilled person
According to Article 123 (2) of the European Patent Convention (EPC), no amendments may be proposed to a patent application in procedures before the European Patent Office if the amendments in question are not covered by the content of the original application submitted. The object of this article was to prevent an invention from shifting over time to become something that was actually only invented at a later date. However, there is a problem with the interpretation of this particular article.
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