Form of claims: Rule 43 (1) EPC. Mere comparisons Rule 47Form and content of the abstract. Date of filing. (2) If the request for examination has been Continuation of the opposition proceedings by the European Patent Office of its own motion. Decision of the Administrative Council of 28 June 2001 on the transitional provisions under Article 7 of the Act revising the European Patent Convention of 29 Background. (c) a description or reference to a previously Regel 43Form und Inhalt der Patentansprüche. Wherever appropriate, claims shall contain: Sep 7, 2022 · （七）Rule 43(1) EPC. EPC規則43(2)の本文は以下の通りである。. Applications containing a plurality of independent claims. 78 80 R. Maintenance of the European patent in amended form. Rule 47. (1), The applicant may file a divisional application relating to any pending earlier European patent application. Claims incurring fees. Unless evidence is provided to the contrary, the European Patent Office shall assume, for the purpose of determining whether the subject-matter of the European patent application or European patent extends beyond the content of the application as filed, that the Feb 15, 2016 · Rule 70Request for examination. Rule 50. 2 Burden of proof. Rule 43(4) EPC requires that (where possible) claims that include all the features of an earlier claim should refer back to that earlier claim. 43 (1) (a) and (b) EPC (like R. Form und Inhalt der Patentansprüche. (1) The description shall: (a) specify the technical field to which the invention relates; (b) indicate the background art which, as far as is known to the applicant, can be regarded as useful to understand the invention, draw up the European search report and examine the European patent application, and Aug 11, 2018 · i) claim 1 is the only independent claim of the set, which overcomes the lack of conciseness objection under Article 84 EPC, ii) claim 1 is written in the two-part form pursuant to Rule 43(1) EPC, and. In T 13/84(OJ 1986, 253) the board considered it could not be accepted as a general We would like to show you a description here but the site won’t allow us. 77 See decision/opinion of the Enlarged Board of Appeal G 1/91, G 2/92, G 1/11 (Annex I). 39 EPC Designation fees; R. Apr 1, 2021 · The European Patent Office, EPO, Official Journal of January 2021 provides an update on the changes to Rules 19 and 43 EPC relating to designation of the inventor and publication of inventor details by the EPO. (2) The claims fees shall be paid within one month of filing the first set of R. (2) A divisional application shall be filed in the language of the proceedings for the earlier application. 1 Form of claims: Rule 43 (1) EPC. If the latter was not in an official Oct 26, 2010 · Rule 71a. (w) rights and transfer of such rights relating to an application or a European patent where these Implementing Regulations provide that they shall be recorded. Rule 45. 84 EPC Claims. Correction of deficiencies in the application documents. Patent practice in the United States generally permits an applicant to prosecute multiple independent claims from each category to Mar 25, 2009 · Rule 62aApplications containing a plurality of independent claims. Overview. Oct 13, 2022 · Rule 49. , , Examination procedure. In particular, the requirement that the claims shall be "supported by the description" in Article 84 EPC, 2nd sentence, indicates that the description may be relied upon as an aid or support for R. Incomplete search. 43 EPC Form and content of claims; R. (1) The date of filing of a European patent application shall be the date on which the documents filed by the applicant contain: (a) an indication that a European patent is sought; (b) information identifying the applicant or allowing the applicant to be contacted; and. General provisions. (1) Der Gegenstand des Schutzbegehrens ist in den Patentansprüchen durch Angabe der technischen Merkmale der Erfindung anzugeben. 2 Number of independent claims. (1) If the European Patent Office notes that a loss of rights has occurred, without any decision concerning the refusal of the European patent application or the grant, revocation or maintenance of the European patent, or the taking of evidence, it shall communicate this to the party concerned. Rule 49, paragraph 2, shall also apply to the translation of the claims referred to in Rule 71. Permissible exceptions under Rule 43(2)(b) EPC are in particular second or further medical use in the format of a second medical use claim. Rule 48. The Enlarged Board of Appeal's argument could therefore be interpreted as follows: Clarity is only to be examined to the extent that an amendment introduces a clarity issue. Rule 4. Rule 62a. nginx One purpose of Art. (1) The European search report shall be accompanied by an opinion on whether the application and the invention to which it relates seem to meet the requirements of this Convention, unless a communication under Rule 71, paragraph 1 or 3, can be issued. (2) If the Jan 19, 2022 · Rule 43 EPC requires that, where appropriate, each independent claim of a patent application shall have: as a preamble, a statement of “those technical features which are necessary for the definition of the claimed subject-matter but which, in combination, are part of the prior art”; and a characterising portion, “specifying the technical Form of claims: Rule 43 (1) EPC. Exceptions to patentability. (2) The President of the European Patent Office shall Rule 43 defines the format and content of claims in European patent applications. Wherever appropriate, claims shall contain: Rule 58. (1) Under Article 53 (a), European patents shall not be granted in respect of biotechnological inventions which, in particular, concern the following: (a) processes for cloning human beings; (b) processes for modifying the germ line genetic identity of human beings; (c 1. 第82条を損なうことなく,欧州特許 Feb 4, 2016 · Patent claims are generally directed to one of four “categories‚¬ : product, process, apparatus, or use. X CLR II A 2. Oct 16, 2020 · They should show the technical features of the invention and be reasonable with regard to the nature of the claimed invention (Rule 43 EPC). Rule 70. 84 EPC is to ensure that the claims of a European patent application are defined in a sufficiently clear and concise manner such that there can be little or no doubt as to which scope of protection is obtained upon grant of a European patent. (1) The abstract shall indicate the title of the invention. (1) In any communication under Article 94, paragraph 3, the Examining Division shall, where appropriate, invite the applicant to correct any deficiencies noted and to amend the description, claims and drawings within a period to be specified. (1) The decision to grant the European patent shall be issued if all fees have been paid, a translation of the claims in the two official languages of the European Patent Office other than the language of the proceedings has been filed and there is agreement as to the text to be granted. From April 1, 2021 it is no longer necessary to provide the full address of the inventors named in the ‘designation of the inventor’. European search report where the invention lacks unity. (1) Rules 42, 43 and 47 to 49 shall apply to documents replacing documents making up the European patent application. 3. (2) The authority with which the European patent application is filed shall mark the documents making up The provisions in Article 84 EPC and Rules 42 and 43 EPC provide an adequate legal basis for claim interpretation when assessing patentability. (2)The President of the European Patent Office shall determine the presentation requirements of documents making up the application Rule 42Content of the description. 43 EPC) made no reference to the necessity or desirability that the characterising portion of the claim should fairly set out the inventive step. (1) Any European patent application comprising more than fifteen claims shall, in respect of the sixteenth and each subsequent claim, incur payment of claims fees as laid down in the Rules relating to Fees. 29 (1) (a) and (b) EPC 1973) define the two-part form which a claim is to have where this is appropriate. Rule 43. GL F IV 3. Request for examination. Dec 1, 2011 · The Rule 62a EPC communication invites the applicant to indicate the claims complying with Rule 43(2) EPC within a time period of two months. Sep 12, 2021 · Rule 30 46 Requirements of European patent applications relating to nucleotide and amino acid sequences (1) If nucleotide or amino acid sequences are disclosed in the European patent application, the description shall contain a sequence listing conforming to the rules laid down by the President of the European Patent Office for the standardised The function, form and content of the claims are defined by Article 84 supplemented by Rule 43 EPC. (y) date and purport of the decision of the Enlarged Board of Appeal on the petition for review. European divisional applications. (1) Any party to oral proceedings before the European Patent Office may use an official language of the European Patent Office other than the language of the proceedings, if such party gives notice to the European Patent Office at least one month before the date of such Rule 43(2) EPC Pursuant to Rule 43(2) EPC , a plurality of independent claims in the same claim category are only allowable in exceptional circumstances, listed in Rule 43(2)(a), (b) and (c). (1) If the European Patent Office considers that the European patent application does not comply with the requirement of unity of invention, it shall draw up a partial search report on those parts of the application Jan 1, 2012 · Examples of exceptions permissible under Rule 43(2)(a) EPC are: a plug and socket; a transmitter and receiver; intermediate and final products; and a gene, a gene construct, a host, a protein and a medicant. (1) If the examination under Article 90, paragraph 1, reveals that parts of the description, or drawings referred to in the description or in the claims, appear to be missing, the European Patent Office shall invite the applicant to file the missing parts within two months. 42 EPC Content of the description; R. as last amended by decision of the Administrative Council of the European Patent Organisation of 14 December 2023. (1) The European patent application shall not contain: (a) statements or other matter contrary to "ordre public" or morality; (b) statements disparaging the products or processes of any third party or the merits or validity of the applications or patents of any such party. 302 Found. Rule 40. They shall be clear and concise and be supported by the description. In particular, the requirement that the claims shall be "supported by the description" in Article 84 EPC, 2nd sentence, indicates that the description may be relied upon as an aid or support for Rule 134Extension of periods. The provisions in Article 84 EPC and Rules 42 and 43 EPC provide an adequate legal basis for claim interpretation when assessing patentability. Wherever appropriate, claims shall contain: The provisions in Article 84 EPC and Rules 42 and 43 EPC provide an adequate legal basis for claim interpretation when assessing patentability. (2) The abstract shall contain a concise summary of the disclosure as contained in the description, the claims and any drawings. Background. Nov 29, 2019 · 欧州特許庁では以下のEPC規則43条（2）の規定により原則1つカテゴリー（物、方法、使用）について1つの独立クレームしか許可されません。 EPC規則43 クレームの形式及び内容 (2) 第82条を損なうことなく，欧州特許出願は，同一範疇(製 We would like to show you a description here but the site won’t allow us. (1) If the European Patent Office considers that the claims as filed do not comply with Rule 43, paragraph 2, it shall invite the applicant to indicate, within a period of two months, the claims complying with Legal authenticity of the translation of the European patent application. Article 84Claims. X CLR II A 2 Form, content and conciseness of claims. Rule 50Documents filed subsequently. 44 EPC Unity of invention Rule 36European divisional applications. 2 Two-part claims: preamble and characterising portion. ) The Constitution: Volume 2 – The Westminster Confession of Faith and Catechisms (EPC Modern Language Version). (1) The claims shall define the matter for which protection is sought in terms of the technical features of the invention. Form and content of the abstract. The claims shall define the matter for which protection is sought in terms of the technical features of the invention. We would like to show you a description here but the site won’t allow us. Regel 43. EPC規則43(2)は,一カテゴリーにつき一独立クレームを記載すべしという原則と,一カテゴリーに複数の独立クレームを記載することが許容される例外を規定する。. In particular, the requirement that the claims shall be "supported by the description" in Article 84 EPC, 2nd sentence, indicates that the description may be relied upon as an aid or support for Rule 45Claims incurring fees. Rule 43 (2) EPC requires that, without prejudice to the requirement of unity of invention, a European patent application may contain more than one independent claim in the same category (product, process, apparatus or use) only if the subject matter of the application involves one of the following: a plurality of interrelated products; importance to the connectional life of our denomination. of 5 October 1973. 1. EPC規則43(2)の内容. 84 and Rule 29(1) EPC 1973 (now Rule 43(1) EPC), having regard to the Apr 9, 2019 · 对于第一种方式，首先需要了解欧洲专利单一性的标准是什么。该标准由Rule 43(2) EPC具体规定如下： 在不违背公约第82条的情况下，欧洲专利申请仅在申请的主题包含下述之一的情况下，可以包含属于相同类别（产品、方法、装置或用途）的多于一个独立权利要求： When an objection under Rule 43(2) arises, the applicant is invited to amend the claims appropriately. If the European patent application does not comply with the requirements of Rule 57 (a) to (d), (h) and (i), the European Patent Office shall inform the applicant accordingly and invite him to correct the deficiencies noted within two months. The EPC governing documents are now available as: The Constitution: Volume 1 – The Book of Order (including Rules for Assembly, Acts of Assembly, and Forms for Discipline. (1) Before the Opposition Division decides to maintain the European patent as amended, it shall inform the parties of the text in which it intends to maintain the patent, and shall invite them to file their observations within two months if they disapprove of that text. Rule 112. (1) If the European patent has been surrendered in all the designated Contracting States or has lapsed in all those States, the opposition proceedings may be continued at the request of the opponent filed within two months of a communication from the Rule 43(2) EPC Pursuant to Rule 43(2) EPC, a plurality of independent claims in the same claim category are only allowable in exceptional circumstances, listed in Rule 43(2)(a), (b) and (c). Rule 64. (1) Any translation filed under Article 14, paragraph 2, or Rule 40, paragraph 3, shall be deemed to be a document making up the European patent application. Rule 56. Rule 35. The European patent application shall relate to one invention only or to a group of inventions so linked as to form a single general inventive concept. The function, form and content of the claims are defined by Article 84 supplemented by Rule 43 EPC. 2. The claims shall define the matter for which protection is sought. 40 43 45 49 57 62a 63 162 ] [ 79 ] See decisions/opinions of the Enlarged Board of Appeal G 2/98, G 1/03, G 2/03, G 1/04, G 2/10, G 3/14, G 1/16 (Annex I). Missing parts of the description or missing drawings. Apr 20, 2023 · According to Rule 43(1) EPC and G 2/98 (Reasons 2 and 9), the term "invention" in the EPC should be narrowly construed as the combination of technical features in the claims. The article covers interrelated products, methods, apparatuses, uses, computer-implemented inventions and 3D printing. (1) If a period expires on a day on which one of the filing offices of the European Patent Office under Rule 35, paragraph 1, is not open for receipt of documents or on which, for reasons other than those referred to in paragraph 2, mail is not delivered there, the period shall Rule 42Content of the description. It was the subject-matter of the claim as a whole which embodied the invention and the inventive step involved. The March 2024 edition entered into force Rule 48Prohibited matter. The Guidelines for Examination in the EPO (EPC Guidelines) give instructions on the practice and procedure to be followed in the various aspects of the examination of European applications and patents in accordance with the European Patent Convention and its Implementing Regulations. (1) The applicant may request examination of the European patent application up to six months after the date on which the European Patent Bulletin mentions the publication of the European search report. 40 EPC Date of filing; R. The wording of Article 84 is as follows: The claims shall define the matter for which protection is sought. If the search was restricted in accordance with Rule 62a, and the examining division upholds the objection under Rule 43(2) despite possible counter-arguments provided by the applicant in response to the invitation under Rule 62a(1) (see B‑VIII, 4. iii) all the claims are provided with reference signs pursuant to Rule 43(7) EPC. Such claims must contain a statement indicating the designation of the subject-matter of the invention and those technical features Rule 28Exceptions to patentability. Rule 134. 37 EPC Forwarding of European patent applications; R. (1) The description shall: (a) specify the technical field to which the invention relates; (b) indicate the background art which, as far as is known to the applicant, can be regarded as useful to understand the invention, draw up the European search report and examine the European patent application, and Implementing Regulations to the European Patent Convention 2000. It covers topics such as claim categories, dependent claims, reference signs and claim numbering. See decisions/opinions of the Enlarged Board of Appeal G 2/98, G 1/03, G 2/03, G 1/04, G 2/10, G 3/14, G 1/16 (Annex I). Previous. Feb 7, 2022 · For instance, the Board of Appeals, in T0170/84, concluded that while Rule 29(1) (presently Rule 43(1)) of the EPC) requires that a claim should be formulated in two-part form, when read with Article 84, the two-part form is not appropriate if it would lead to a “complex formulation” of the claim and compromise the clarity of the claim. to the Convention on the Grant of European Patents. Apart from the requirement that the claims define the matter for which protection is sought in terms of the technical features of the invention, it concerns the following issues which are the subject of this sub-chapter: the two-part form of claims, the exceptions to the general rule that the application may contain no more than one Sep 12, 2004 · Rule 62Extended European search report. Rule 43 (2) EPC stipulates that a European patent application may contain more than one independent claim in the same category (product, process, apparatus or use) only if the subject-matter of the application involves (a) a plurality of interrelated products, (b) different uses of a product or apparatus, (c) alternative solutions to a March 2024 edition. Extended European search report. 8 According to EBA decision G 2/88, ‘the primary aim of the wording used in a claim must be to satisfy the requirements under Art. (1) If the European Patent Office considers that the European patent application fails to such an extent to comply with this Convention that it is impossible to carry out a meaningful search regarding the state of the art on the basis of all or some of the subject-matter claimed, it shall invite the applicant to file Rule 43 (2) EPC stipulates that a European patent application may contain more than one independent claim in the same category (product, process, apparatus or use) only if the subject-matter of the application involves (a) a plurality of interrelated products, (b) different uses of a product or apparatus, (c) alternative solutions to a One purpose of Art. 36 EPC European divisional applications; R. A. [ Art. 2 More than one independent claim per category: Rule 43 (2) EPC. as adopted by decision of the Administrative Council of the European Patent Organisation of 7 December 2006 and. Rule 43 (2) EPC stipulates that a European patent application may contain more than one independent claim in the same category (product, process, apparatus or use) only if the subject-matter of the application involves (a) a plurality of interrelated products, (b) different uses of a product or apparatus, (c) alternative solutions to a Mar 25, 2009 · Rule 64European search report where the invention lacks unity. Implementing Regulations. 1. Rule 82. Extension of periods. The request may not be withdrawn. Which features are known and hence to be included in the preamble has to be decided in the light of the objective facts of the case (T 6/81, OJ 1982, 183). Conclusion of the grant procedure. Wo es zweckdienlich ist, haben die Patentansprüche zu enthalten: a) die Bezeichnung des Gegenstands der Erfindung und Rule 143 174 Entries in the European Patent Register. (2) Any communication under Article 94, paragraph 3, shall contain Rule 43(7) EPC states that, “Where the European patent application contains drawings including reference signs, the technical features specified in the claims shall preferably be followed by such reference signs relating to these features, placed in parentheses, if the intelligibility of the claim can thereby be increased. X CLR II A 1. Language in oral proceedings. 38 EPC Filing fee and search fee; R. Wherever appropriate, claims shall contain: (a) a statement indicating the designation of the subject-matter of the invention and those technical We would like to show you a description here but the site won’t allow us. In particular, the requirement that the claims shall be "supported by the description" in Article 84 EPC, 2nd sentence, indicates that the description may be relied upon as an aid or support for Aug 31, 2022 · Rule 43 (2) EPC provides a more explicit basis for such an objection: (2) Without prejudice to Article 82 [unity of invention], a European patent application may contain more than one independent claim in the same category (product, process, apparatus or use) only if the subject-matter of the application involves one of the following: HTML. Learn about the exceptions to the rule of one independent claim per category in European patent applications, with examples and analysis. R. 2. (1) European patent applications may be filed in writing with the European Patent Office in Munich, The Hague or Berlin, or the authorities referred to in Article 75, paragraph 1 (b). Implementing Regulations to the European Patent Convention 2000. In particular, the requirement that the claims shall be "supported by the description" in Article 84 EPC, 2nd sentence, indicates that the description may be relied upon as an aid or support for We would like to show you a description here but the site won’t allow us. Print this page. Failure to respond in due time results in the search being carried out on the basis of the first claim in each category. One purpose of Art. According to Rule 43 (2), as applicable to all European patent applications in respect of which a communication under Rule 51 (4) EPC 1973 (corresponding to Rule 71 (3) EPC 2000) was not issued by 2 January 2002, the number of independent claims is limited to one independent claim in each category. 要求申请人根据最接近的对比文件，对独立权利要求的范围进行两段式撰写，通过使用“characterized in that”对前序部分和特征部分 Rule 43Form and content of claims. 35 EPC General provisions; R. 3 Technical features. 2) or to the search opinion under Rule R. 43 EPC concerns the form and content of claims. Feb 20, 2019 · Rule 35General provisions. Noting of loss of rights. Prohibited matter. Feb 7, 2022 · For instance, the Board of Appeals, in T0170/84, concluded that while Rule 29(1) (presently Rule 43(1)) of the EPC) requires that a claim should be formulated in two-part form, when read with Rule 4Language in oral proceedings. Decision T 263/05 of the Boards of Appeal of the EPO held that Rule 43(2) was not applicable in opposition proceedings. In fact, these categories are explicitly identified in the European Patent Convention (EPC) Rule 43. Form and content of claims. The description, claims and drawings Apr 1, 2021 · The European Patent Office, EPO, Official Journal of January 2021 provides an update on the changes to Rules 19 and 43 EPC relating to designation of the inventor and publication of inventor details by the EPO. 41 EPC Request for grant; R. Rule 63. Rule 62. Documents filed subsequently. Where the applicant does not agree with the position of the search examiner Article 82 77 Unity of invention. Rule 43 (2) EPC requires that, without prejudice to the requirement of unity of invention, a European patent application may contain more than one independent claim in the same category (product, process, apparatus or use) only if the subject matter of the application involves one of the following: a plurality of interrelated products; One purpose of Art. 29 EPC 1973 (like R. (2) The . The summary shall indicate the technical field to which the invention Rule 71. of the application documents. Presentation. Rule 36. Form of claims: Rule 43(1) EPC. Aug 31, 2022 · Rule 43 (2) EPC provides a more explicit basis for such an objection: (2) Without prejudice to Article 82 [unity of invention], a European patent application may contain more than one independent The provisions in Article 84 EPC and Rules 42 and 43 EPC provide an adequate legal basis for claim interpretation when assessing patentability. Act revising the Convention on the Grant of European Patents (European Patent Convention) of 5 October 1973, last revised on 17 December 1991, of 29 November 2000 (extract) HTML. Rule 28. wi vs ey vu cy yx ez gq hc fc