G3/14, The European Patent Office Specifies Whether Clarity Objection Are Admissible Or Not During Opposition Procedures

In decision G 3/14, the Enlarged Board of Appeal of the European Patent Office has clarified the circumstances in which claims clarity might be considered during opposition proceedings and in particular for what types of amendments lack of clarity might be invoked. For example, lack of clarity cannot be objected in case of incorporation of a dependent claim into the independent claim, both granted. On the contrary, amendments based on the description always require special attention. Substantially, the EBA has highlighted, with this decision, the importance of the clarity since the examination procedure, asking to the Examiners for a more strict approach against unclear dependent claims.