Art. 69 - Extent of protection

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Article 69 Extent of protection					- Special edition 1 OJ EPO 2011, 149 - Special edition 1 OJ EPO 2011, 129 - Special edition 1 OJ EPO 2011, 108	Guidelines

(1) The extent of the protection conferred by a European patent or a European patent application shall be determined by the claims. Nevertheless, the description and drawings shall be used to interpret the claims.						B III 3.1 D X 4.3 F IV 1. H IV 3.3

(2) For the period up to grant of the European patent, the extent of the protection conferred by the European patent application shall be determined by the claims contained in the application as published. However, the European patent as granted or as amended in opposition, limitation or revocation proceedings shall determine retroactively the protection conferred by the application, in so far as such protection is not thereby extended.					Art. 97 Art. 101 Art. 105b Art. 123	H IV 3.1




Related provisions		Case Law				Case Law from the Contracting States
Articles	Rules	EBoA	BoA	Search		Case Law from the Contracting States
Art. 2 Art. 164		G 6/88 G 2/88		BoA decisions		- Special edition 3 of OJ EPO 2011/168 - Special edition 3 of OJ EPO 2011/247

Amended by the Act revising the European Patent Convention of 29.11.2000. Cf. Protocol on the Interpretation of Article 69, which is an integral part of the Convention pursuant to Article 164, paragraph 1).