SONN Patentanwälte – IP Attorneys

Inadmissible deletion of a disclaimer

The deletion of a disclaimer expressly disclosed as a "non-part" of the invention in the originally filed application is not admissible if the deletion of the disclaimer results in the "non-part" then being partially claimed after all. The facts that the application is a divisional application and that the disclaimer was introduced for reasons of patent law are irrelevant (EPO Board of Appeal 29/10/2021, T 2327/18, Galvanikbad/COVENTYA).