This revised version of the Guidelines for Examination will apply as from 1 November 2015. Until then, the September 2014 edition of the Guidelines remains valid.

10.2 Limitation is different for different contracting statesContracting States because the claims as granted were different for different contracting statesContracting States

The limitation is different in different contracting statesContracting States because the claims forming the basis of the limitation procedure were different in different contracting statesContracting States. This situation would occur where the patent has different claims for different contracting statesContracting States, because of national prior rights or prior art under Art. 54(3) (for patents granted before 13.12.2007 or for patents granted in respect of European patent applications pending at that time), or where under Art. 61 a partial transfer of rights has taken place (Rule 18(2)).

The requester might wish to apply a limitation already introduced for one or more contracting statesContracting States to the other contracting statesContracting States, or to bring the claims into line with each other for a different reason. If this results in a single set of claims for all contracting statesContracting States, and the substantive requirements are met separately for each different set of original claims, then the request would be allowable.

Note that it would also be possible that the circumstances of this paragraph and paragraph D‑X, 10.1 coexist in a single request.

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