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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]
In European patent law, the limitation and revocation procedures before the European Patent Office (EPO) are post-grant, ex parte, [1] administrative [2] procedures allowing any European patent to be centrally [3] limited by an amendment of the claims or revoked, respectively. [4] These two procedures were introduced in the recently revised ...
t. e. Article 83 of the European Patent Convention (EPC) [1] relates to the disclosure of the invention under the European Patent Convention. This legal provision prescribes that a European patent application must disclose the invention (which is the subject of the European patent application) in a manner sufficiently clear and complete for it ...
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 ...
Interpretation of Article 53(b) EPC and Rule 28(2) EPC. Overturning G 2/12 and G 2/13. G 1/19: 10 March 2021 Patentability of computer-implemented simulations. G 4/19: 22 June 2021 There is a legal basis in the European Patent Convention (EPC) for refusing a European patent application on the ground of double patenting. More precisely: "A ...
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 ...
The Guidelines for Examination in the European Patent Office (or, for short, the EPO Guidelines) are general instructions, for the examiners working at the European Patent Office (EPO) as well as for the parties interacting with the EPO, on the practice and procedure at the EPO in the various aspects of the prosecution of European patent applications and European patents.
Article 64(1) EPC provides that, in each member country, the national part of the European patent has the identical effect as a national patent with the identical claims would have. The European Patent Convention expressly adopts national law for all substantive attributes of a national part of a European patent, with the following exceptions: