9.8. Miscellaneous – argument based on potential effects on competition rejected by the board

In ex parte case T 416/14 the application documents did not contain any experimental data which could be used to verify the claims, and the appellant (applicant) had not submitted any such data as evidence. The appellant was right that Art. 83 EPC did not per se require experimental data for sufficient disclosure. However, in the absence of any supporting evidence and in light of the evidence to the contrary, the board was not convinced that the appellant was actually able to fabricate a switch that could withstand the claimed field strength without breakdown. Nor could the board accept the argument that a patent on an invention which could not be carried out would be of no harm; Art. 83 EPC was a requirement of the Convention that had to be fulfilled, irrespective of what potential effects on competitors a patent might or might not have.

See chapter III.G.5.1.2c) "Sufficiency of disclosure".