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The Entire Claim Rule Applies to Independent Claims Presented in Two-Part EPC Format.

Publication: Mondaq Business Briefing
Publication Date: 08-NOV-02 		Format: Online - approximately 623 words
Delivery: Immediate Online Access
Full Article Title: The Entire Claim Rule Applies to Independent Claims Presented in Two-Part EPC Format.(European Patent Convention)

Article Excerpt
The English High Court has recently held that in accordance with Section 125 of the Patents Act 1977 (English domestic law), an invention is defined by the whole claim, as interpreted by the description and any drawings. The Court further held that the protocol on interpretation, Article 69 of the European Patent Convention, applies for this purpose and that a limitation has no less weight merely because it appears in the pre-characterising part of an independent claim cast in a two-part format. Storage Computer Corp. UK Limited v. Hitachi Data Systems Ltd.,...

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