EPO: Inadmissible Extension of Scope of Protection by Adding a Manufacturing Step

This decision addresses the admissibility of post-grant claim amendments for computer-implemented methods with regard to the scope of protection of the patent. If a granted patent claim defines a computer-implemented method for configuring a physical object, the execution of which results only in data representing that object, but not in the object itself, any subsequent claim amendment must be critically examined. If the claim is amended to additionally include the step of manufacturing the physical object so configured, this is inadmissible. In view of the derived product-by-process protection under Article 64(2) EPC for the manufactured product which is triggered only by this step, such an amendment inevitably leads to an inadmissible extension of the scope of protection under Article 123(3) EPC. (EPO-BoA 25.03.2026, T 847/24)