The European Patent Office’s (EPO) Boards of Appeal have displayed a stringent approach towards added subject matter in recent decisions, particularly in comparison to other jurisdictions. This stringency is rooted in the provisions of Article 123(2) of the European Patent Convention (EPC), which prohibits amendments that extend beyond the content of the original patent application. The primary objective is to maintain the correlation between the granted patent’s scope of protection and the technical disclosure initially provided in the application.

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