On this occasion, we will deal with the possibilities of making claim amendments during prosecution of a patent application, before grant, or once a patent has already been granted. When drafting a patent application, a diligent patent attorney analyzes the prior art, but it is still a frequent situation that additional prior art is found after filing the application, often after a relatively long period of time.
Then, we face the challenge of limiting the scope of the claims whilst protecting the foreseeable embodiments of the invention. In virtually all jurisdictions, such amendments require support in application as filed. However, the law and practice varies across the jurisdictions.
At the seminar, we will try to find out whether there are any significant differences.