Infringement & Freedom To Operate - Food Valley
Infringement & Freedom To Operate - Food Valley
Infringement & Freedom To Operate - Food Valley
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Construction and <strong>Infringement</strong><br />
Claim Construction: Limited Harmonisation<br />
Harmonized Approach to Claim Construction (Determination of scope of<br />
protection in Art. 69 European Patent Convention (EPC) and the<br />
Protocol on its Interpretation<br />
Determination of Scope of Protection under Article 69 EPC:<br />
<br />
<br />
<br />
<br />
Art. 69 (1) EPC: scope of protection determined by the claims, description and<br />
drawings used to interpret (the wording of) the claims<br />
Not by a strict, literal meaning of the wording used in the claims<br />
Not by using claims as a guideline and a consideration for the description and<br />
drawings by a person skilled in the art, to determine what the patentee has<br />
contemplated ("Inventive Concept" – Germany / "Essence of the Invention" – The<br />
Netherlands)<br />
But a position between the extremes – fair protection for the patentee (not too<br />
strict/literal meaning of wording of the claims) and a reasonable degree of certainty for<br />
third parties (not too broad/using claims merely as guideline)<br />
General Guidelines only<br />
Determination of infringement under national law (64(3) EPC) – different national<br />
approaches to infringement<br />
Limited harmonisation
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