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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]
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.
Retrieved 17 July2022. The European Patent Convention ('the EPC'), signed at Munich on 5 October 1973, is a treaty to which 38 States, including all the Member States of the European Union, are now parties. The European Union is not a party to the EPC. ^"Member states of the European Patent Organisation". European Patent Office.
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]
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".
The patents granted in accordance with the EPC are called European patents. [9] In other words, the grant procedure before the EPO is the procedure leading to the grant of a European patent [6] or to the refusal to grant a European patent. [7] The procedure starts with the filing of an application [1] and ends with the grant of a European ...
A first aspect relating to the infringement of European patents which is prescribed in the EPC is the extent of protection conferred by a European patent. Article 69(1) EPC reads: The extent of the protection conferred by a European patent or a European patent application shall be determined by the claims. Nevertheless, the description and ...
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 ...