Disclaimers are tools to exclude unwanted subject matter from a patent claim by adding a negative limitation to the claim. The concept of disclaimers was established by case law: For European patent applications and patents, the Enlarged Board of Appeal of the EPO decisions G 1/03, G 2/10 and G 1/16 form the legal framework. The recent German Supreme Court (BGH) decision "Phosphatidylcholin" (X ZB 5/16) opens up new possibilities for disclaimers. Stefan Féaux de Lacroix discusses the possible implications that the BGH decision may have on EPO disclaimer practice.
