Added Matter – Part 1

Video overview:

What is Added Matter?

• Added matter occurs when an amendment introduces content that goes beyond what was originally disclosed in the application as filed (Article 123(2) EPC).

EPO Assessment (“Gold Standard”)

• Amendments must be directly and unambiguously derivable by a skilled person from the original application and common general knowledge, as of the filing date.
• Failure to meet this standard can lead to refusal or revocation of the patent.

Intermediate Generalisations

• Occur when a feature is taken out of its original context (disclosed only in combination) and claimed on its own, which may be considered added matter.

Practical Tips

• Draft applications anticipating future amendments.
• Use claim-friendly language from the start.
• Disclose optional features individually in the description.
• Include multiple claim dependencies for flexibility.