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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 ...
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.
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 ...
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 ...
"An appeal from a decision of an Examining Division refusing a request under [Rule 89 EPC 1973, now Rule 140 EPC] for correction of the decision to grant is to be decided by a technical board of Appeal." G 1/95 G 7/95: 19 July 1996: Framework of opposition and appeal - Art. 100(a) - collection of grounds: G 3/97 G 4/97: 2 January 1999
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 ...
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]