Revocation because of added matter (Article 138(1)(c) EPC).
An inadmissible extension of the subject matter occurs if the subject matter of the granted claim extends beyond the content of the application as originally filed. In order to determine this, the court must first ascertain what information a person skilled in the art would immediately and unambiguously derive from the entirety of the application as filed, based on an objective assessment and with reference to the filing date, using their general technical knowledge.
In this context, subject matter disclosed implicitly must also be regarded as part of the content, i.e. subject matter that clearly and unambiguously follows from what is expressly stated.
If, as in this case, the patent has been derived from a divisional application, this requirement applies to each earlier application.
IPPT20251002, UPC CoA, expert e-Commerce v Seoul Viosys
