09-P6 book-pp95-98_4_Layout 1 22/05/2018 09:46 Page 97
9. Amendment Do not fall into the trap of suggesting that if the main claim of a patent were to be amended by deleting one or more words that do not seem to be ‘essential’ then there would be infringement. Any amendment that makes a non-infringed claim into an infringed claim must be ‘claim broadening’, which is not allowed after the patent has been granted. On the other hand, if the question relates to the possible future infringement of a pending application that is proceeding towards grant, then a very different situation may obtain. Of course, if you say nothing about amendment, the examiner can give you no marks for amendment, and as we have seen, every year there is at least one mark for this topic.
EXERCISE 7 Can you think of any amendments that might be made to the patent? Note them down before you turn the page.
Infringement and Validity • 2018
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