3. Allowability of amendments under Art. 123(3)
3.6 Conflicts between Art. 123(3) and other requirements of the EPC
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A revised version of this publication entered into force. |
Other requirements of the EPC may also interact with Art. 123(3) after grant. For instance, if a patent as granted only contains claims that in fact define a "method for treatment of the human or animal body by therapy or surgery practised on the human or animal body" or contain such a method step, and such a patent is opposed under Art. 53(c), then Art. 53(c) and Art. 123(3) may operate in combination so that the patent must inevitably be revoked, in that:
– the patent cannot be maintained as granted because its claims define subject-matter which is excluded from patentability under Art. 53(c); and
– the patent cannot be maintained in amended form because amendment of the claims as granted by deletion of such "method features" would be contrary to Art. 123(3) (see T 82/93).