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A plurality of independent claims in the same claim category are only allowable in the exceptional circumstances listed in Rule 43(2)(a), (b) and (c). The applicant has the burden of showing "that one of the exceptions under Rule 43(2) EPC apply". [12] Rule 43(2) is only applicable during examination proceedings, not in opposition proceedings. [13]
This is a list of special types of claims that may be found in a patent or patent application.For explanations about independent and dependent claims and about the different categories of claims, i.e. product or apparatus claims (claims referring to a physical entity), and process, method or use claims (claims referring to an activity), see Claim (patent), section "Basic types and categories".
Under the European Patent Convention (EPC), a claim must define the matter for which the protection is sought in terms of technical features. [12] [13] The convention itself pertains to a procedure to secure a European patent. [13] These technical features can be either structural (e.g. a nail, a rivet) or functional (e.g. fastening means). [14]
Enforcement of European patents. European patents are granted by the European Patent Office (EPO) under the legal provisions of the European Patent Convention (EPC). However, European patents are enforced at a national level, i.e. on a per-country basis, or, since June 1, 2023, before the Unified Patent Court (UPC).
The European Patent Organisation (sometimes abbreviated EPOrg[1] in order to distinguish it from the European Patent Office, one of the two organs of the organisation [2]) is a public international organisation created in 1977 by its contracting states to grant patents in Europe under the European Patent Convention (EPC) of 1973. [3][4][5] The ...
However, under new Rules 62a and 63 EPC, [37] if there are more than one independent claim per claim category (and if the provisions of Rule 43(2) EPC are considered not to be met) or if the search division considers that it is impossible to carry out a meaningful search based on the subject-matter claimed, communications between the search ...
Article 123 of the European Patent Convention (EPC) [1] relates to the amendments under the EPC, i.e. the amendments to a European patent application or patent, and notably the conditions under which they are allowable. In particular, Article 123 (2) EPC prohibits adding subject-matter going beyond the content of the application as filed, while ...
v. t. e. Under the European Patent Convention (EPC), European patents shall be granted for inventions which inter alia involve an inventive step. [ 1] The central legal provision explaining what this means, i.e. the central legal provision relating to the inventive step under the EPC, is Article 56 EPC. That is, an invention, having regard to ...