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Article 84 of the European Patent Convention (EPC) defines the function of the claims under the European Patent Convention, the function being to define the matter, i.e. the invention, for which patent protection is sought. This legal provision also imposes that the claims must be clear, concise as well as supported by the description of the European patent application or patent.〔 The form and content of the claims are defined in Article 84, and supplemented by the .〔Previously .〕〔Nicholas Fox, A Guide to the EPC 2000, CIPA, page 74, ISBN 0-903932-26-1.〕 The wording of Article 84 is as follows: The claims shall define the matter for which protection is sought. They shall be clear and concise and be supported by the description.〔 ==Rationale== The EPC requires that the claims must be clear (i.e., for instance the claim wording cannot be obscure) and must define the matter for which protection is sought in terms of the technical features of the invention.〔, 〕 The rationale behind this requirement is to ensure that the public is not left in any doubt as to which subject-matter is covered by a particular patent and which is not.〔See for instance: *"In order to ensure that the public is not left in any doubt as to which subject-matter is covered by a particular patent and which is not, Article 84 EPC in combination with Rule 43(1) EPC requires that the claims shall be clear and define the matter for which protection is sought in terms of the technical features of the invention. A claim does not, therefore, fulfil the requirement of clarity if there is doubt as to the subject-matter it may cover (see case Law of the Boards of Appeal, 5th edition 2006, II.B.)" in (Decision T 0528/06 of 3 December 2008 ), Reasons 1. *"The purpose of claims under the EPC is to enable the protection conferred by the patent (or patent application) to be determined (...), and thus the rights of the patent owner within the designated Contracting States (...)." in (G 2/88 (Friction reducing additive) of 11 December 1989 ), point 2.5.〕 The clarity requirement therefore plays an important role in providing legal certainty for third parties to determine whether they are infringing or could infringe a patent or not, so as in turn to be able to make the most informed economic decisions as possible (such as taking a license, designing around, refraining from entering a market, etc.). 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Claims under the European Patent Convention」の詳細全文を読む スポンサード リンク
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