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A patent attorney of our firm won a “Prize Paper Award” in a Paper Contest on Article 33

Data:2010-12-16

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Tao ZHANG, a patent attorney of our firm, won a “Prize Paper Award” in a Paper Contest on “Theory and Practice of Article 33 of Patent Law of China” of 2010 held by All-china Patent Agents Association by a paper “Study on Cases of Added New Matter in EPO and its Teaching”, and was invited to make a keynote speech in a relevant academic conference. This paper reviews several appeal decisions on the requirement that any amendments should not go beyond the application as originally filed in EPO, and compares the standard and judgment methods in this respect between Europe and China. It is proposed to consider the benefit of the patentee while applying a strict standard on Article 33 by establishing corresponding compensation mechanism. On an operation level, specific analysis in terms of technique and law should be performed from the legislative intent of Article 33 and particular judgment methods should be adopted correspondingly. It was reported that only 11 papers won the award in this contest.