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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 ...
Under the European Patent Convention, when a claim in one particular category (see below), e.g. a process claim, depends on a claim from a different category, e.g. a product claim, it is not considered to be a dependent claim but an independent claim. Under U.S. law, this is still counted as a dependent claim, regardless of the class change. [24]
the provisions of Article 83 EPC require that the European patent application shall disclose the invention in a manner sufficiently clear and complete for it to be carried out by the skilled person and that, in particular "if the invention seems, at least at first, to offend against the generally accepted laws of physics and established ...
Under the former version of Rule 36 EPC, an objection of lack of unity of invention raised in a communication of the Examining Division could trigger a 24-month period for filing a divisional application, if the particular objection was raised for the first time. However, under the amended version of Rule 36 EPC which came into effect in April ...
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 ...