transkript: Dr. Ute Kilger on clarity objections in European patent grant proceedings
Why excessive clarity requirements can undermine the value of patents
In issue 2/2026 of the life sciences magazine transkript, BOEHMERT & BOEHMERT Partner and Patent Attorney Dr. Ute Kilger examines a development that many patent applicants before the European Patent Office (EPO) are increasingly viewing with concern in her article “Clarity as a deadly wonder weapon”.
The article focuses on the question of how so-called clarity objections under Article 84 EPC are applied during examination proceedings. As a patent attorney specializing in pharmaceuticals and life sciences, Dr. Ute Kilger regularly advises companies and research institutions in European patent grant proceedings and is well acquainted with the practical challenges before the European Patent Office through many years of experience.
Using practical examples from the fields of diagnostics and antibody development, the article illustrates how extensive clarity requirements can affect the commercial value and future enforceability of patents. Excessive limitations on patent claims may result in patent rights losing their effectiveness against imitators and so-called fast followers.
Dr. Kilger therefore advocates a balanced and consistent application of clarity requirements in patent examination proceedings. At the same time, she encourages patent applicants to make active use of existing communication channels with the European Patent Office in order to raise awareness of problematic developments and foster constructive dialogue.
