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Guidelines for Examination

 
 
8.2
Disparaging statements 

According to Rule 48(1)(b), the application must not contain statements disparaging the products or processes of any particular person other than the applicant, or the merit or validity of applications or patents of any such person. However, mere comparisons with the prior art are not to be considered disparaging per se. Statements clearly coming within this category that become evident from the cursory examination referred to in A-III, 8.1, or to which attention is drawn by the Search Division, may be omitted by the Receiving Section when publishing the application. In cases of doubt the matter should be left for consideration to the Examining Division. The published application must indicate the place and number of any words omitted and the EPO must furnish, upon request, a copy of the passage omitted. The applicant is again notified of the material omitted. (See also treatment of prohibited matter in proceedings before the Examining Division, F-II, 7).

References

Rule 48(1)(b) and (3)