Israel Patent Office Allows Unsupported Terms to be added to Claim-set

In Opposition Proceedings concerning IL 124034 which relates to a method of marking gemstones, a third party opposed the applicant amending the independent claims during the opposition proceedings, to refer to a process stage being performed ‘automatically’, and to refer to an ‘output’ where neither term was explicit in the text or Figures.

The commissioner of patents, Dr. Meir Noam, showed that the concepts are supported implicitly and allowed the terms to be added to the (independent) claims, noting that neither amendment could be construed as widening the scope of protection afforded by the claims.

I concur with Dr. Noam’s conclusions, but note that the position of the Israel Patent Office in this regard appears to be closer to that of the USPTO than that of the EPO who are very keen on literal textual support.

Categories: EPO, Intellectual Property, IPO, Israel, Israel IP, Israel Patent, Israel Patent Office, Israel Patent Office Rulings, News, Opinion, Patents

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