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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 European Patent Convention (EPC), also known as the Convention on the Grant of European Patents of 5 October 1973, is a multilateral treaty instituting the European Patent Organisation and providing an autonomous legal system according to which European patents are granted. The term European patent is used to refer to patents granted under ...
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 ...
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).
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 ...
This is a list of decisions and opinions of the Enlarged Board of Appeal of the European Patent Office (EPO) in chronological order of their date of issuance. The list includes decisions under Article 112(1)(a) EPC (following a referral from a Board of Appeal), opinions under Article 112(1)(b) EPC (following a referral from the President of the EPO), "to ensure uniform application of the law ...
The opposition procedure before the European Patent Office (EPO) is a post-grant, contentious, [1] inter partes, administrative [2] procedure intended to allow any European patent to be centrally opposed. European patents granted by the EPO under the European Patent Convention (EPC) may be opposed by any person from the public (no commercial or ...
The EPC 2000 or European Patent Convention 2000 is the version of the European Patent Convention (EPC) as revised by the Act Revising the Convention on the Grant of European Patents signed in Munich on November 29, 2000. On June 28, 2001, the Administrative Council of the European Patent Organisation adopted the final new text of the EPC 2000.