Wednesday, December 20, 2017 G 1/16 - The final word (?) about disclaimers

The referral relates to the allowability of undisclosed disclaimers. The referring Board asked about the applicability of the gold standard disclosure test as defined in decision G 2/10 to undisclosed disclaimers (no), and the applicability of criteria as defined in decisions G 1/03 and G 2/03 (yes). The decision G 1/16 (Disclaimers III) noted that in drafting of undisclosed disclaimers as amendments, no technical contribution to the claimed subject-matter of the application as filed may be provided. 

Tuesday, November 15, 2016 Gold standard poll results

In T 437/14 the board of appeal referred questions on disclaimers to the enlarged board. The central question is how the gold standard of G 2/10 is to be squared with the disclaimers that are allowed for accidental anticipations under G 1/03. The case has been discussed in the comments, and various directions were suggested in which the enlarged board could go.

The past two weeks we placed a poll at our blog in which our readers could make their predictions. Polling is now closed and the results are in.

So there is a clear majority that does not expect that G1/03 is any in danger. I'm looking forward to the enlarged board's decision to see how well this poll matches reality.