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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, [notes 1] on the practice and procedure at the EPO in the various aspects of the prosecution of European patent applications and European patents.
Rule 164 EPC (Unity of invention during Euro-PCT procedure) Guidelines for Examination in the EPO, section f-v : "Unity of invention" Legal Research Service for the Boards of Appeal, European Patent Office, Case Law of the Boards of Appeal of the EPO (9th edition, July 2019), ii. b : Unity of invention
The case law of the EPO Boards of Appeal is not binding on the EPO member states and different national courts acting on different cases may take a different view of patentability under Art. 52(2) EPC. The decision of EPO (directly or in appeal proceedings) not to a grant a European patent can however not be challenged in national courts.
The European patent application is therefore said to be a "Euro-PCT application" and the EPO is said to act as a designated or elected Office. [78] In case of conflict between the provisions of the EPC and those of the PCT, the provisions of the PCT and its Regulations prevail over those of the EPC. [79]
Rule 139 EPC contains two sentences, the first one providing for that, in general, "[l]inguistic errors, errors of transcription and mistakes in any document filed with the European Patent Office may be corrected on request", and the second stating that when the requested correction relates to the parts of a patent application or patent ...
Database of professional representatives on the European Patent Office (EPO) web site; Guidelines for Examination in the EPO, section a-viii, 1 : "Representation" Legal Research Service for the Boards of Appeal, European Patent Office, Case Law of the Boards of Appeal of the EPO (9th edition, July 2019), iii. v : "Representation"
Under the new rules, if the claims as filed in a European patent application contain a plurality of independent claims in the same claim category and if the EPO considers in that case that the claims therefore do not comply with Rule 43(2) EPC, the EPO may "invite the applicant to indicate, within a period of two months, the claims complying ...
This template creates an external link to a given section of the Guidelines for Examination in the European Patent Office (EPO) on the web site of the European Patent Office, by appending to the following URL: