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The European Patent Convention

 
 
Table of Contents - The European Patent Convention
Implementing Regulations to the Convention on the Grant of European Patents
Part III Implementing Regulations to Part III of the Convention
Chapter II Provisions governing the application
Rule 41 Request for grant
Rule 41[37]
Request for grant 
Art. 59, 75, 76, 78-81, 88, 133
R. 52
(1)
The request for grant of a European patent shall be filed on a form drawn up by the European Patent Office. 
(2)
The request shall contain: 
(a)
a petition for the grant of a European patent; 
(b)
the title of the invention, which shall clearly and concisely state the technical designation of the invention and shall exclude all fancy names; 
(c)[38]
the name, address and nationality of the applicant and the State in which his residence or principal place of business is located. Names of natural persons shall be indicated by the person's family name, followed by his given names. Names of legal persons, as well as of bodies equivalent to legal persons under the law governing them, shall be indicated by their official designations. Addresses shall be indicated in accordance with applicable customary requirements for prompt postal delivery and shall comprise all the relevant administrative units, including the house number, if any. It is recommended that the fax and telephone numbers be indicated; 
(d)
if the applicant has appointed a representative, his name and the address of his place of business as prescribed in sub‑paragraph (c);
(e)
where appropriate, an indication that the application constitutes a divisional application and the number of the earlier European patent application; 
(f)
in cases covered by Article 61, paragraph 1(b), the number of the original European patent application;
(g)
where applicable, a declaration claiming the priority of an earlier application and indicating the date on which and the country in or for which the earlier application was filed; 
(h)
the signature of the applicant or his representative; 
(i)
a list of the documents accompanying the request. This list shall also indicate the number of sheets of the description, claims, drawings and abstract filed with the request; 
(j)
the designation of the inventor, where the applicant is the inventor. 
(3)
If there is more than one applicant, the request shall preferably contain the appointment of one applicant or representative as common representative. 
 
[37] The updated version of the form is regularly published on the EPO website and in the OJ EPO.
[38] See also decision of the Enlarged Board of Appeal G 3/99 (Annex I).
References
Art. 59, 75, 76, 78-81, 88, 133
R. 52
 
Cross-reference list
EPC EPC 1973
R. 41R. 26