Guidelines for Examination – Table of Contents

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Guidelines for Examination
Table of Contents
Part F

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Part F – The European Patent Application

Overview

Part F
The European Patent Application

A revised version of this publication entered into force.

Contents

Chapter II – Content of a European patent application (other than claims): 1.General
2.Abstract
2.1Purpose of the abstract
2.2Definitive content
2.3Content of the abstract
2.4Figure accompanying the abstract
2.5Checklist
2.6Transmittal of the abstract to the applicant
2.7Abstract in examination
3.Request for grant – the title
4.Description (formal requirements)
4.1General remarks
4.2Technical field
4.3Background art
4.3.1Format of background art citations
4.3.1.1Examples of quotation for non-patent literature
4.3.1.2Examples of quotation for patent literature
4.4Irrelevant matter
4.5Technical problem and its solution
4.6Rule 42(1)(c) vs. Art. 52(1)
4.7Reference in the description to drawings
4.8Reference signs
4.9Industrial application
4.10Manner and order of presentation
4.11Terminology
4.12Computer programs
4.13Physical values, units
4.14Registered trade marks
5.Drawings
5.1Form and content
5.2Printing quality
5.3Photographs
6.Sequence listings
6.1Reference to sequences disclosed in a database
6.2Sequences that need to be itemised in the sequence listing
6.2.1Requirements relating to sequence length and enumeration of residues
6.2.2Sequences comprising residues that are not specifically defined (n or X)
6.2.3Variants
6.2.4The qualifier "mol_type"
7.Prohibited matter
7.1Categories
7.2Matter contrary to "ordre public" or morality
7.3Disparaging statements
7.4Irrelevant or unnecessary matter
7.5Omission of matter from publication
Chapter II – Annex 1Checklist for considering the abstract (see F‑II, 2.5)
Chapter II – Annex 2Units recognised in international practice as determined by the President under Rule 49(2) and complying with Rule 49(10) (see F‑II, 4.13)
1.SI units and their decimal multiples and submultiples
2.Units which are defined on the basis of SI units but are not decimal multiples or submultiples thereof
3.Units used with the SI, and whose values in SI are obtained experimentally
4.Units and names of units permitted in specialised fields only
5.Compound units
Chapter III – Sufficiency of disclosure: 1.Sufficiency of disclosure
2.Art. 83 vs. Art. 123(2)
3.Insufficient disclosure
4.Burden of proof as regards the possibility of performing and repeating the invention
5.Cases of partially insufficient disclosure
5.1Only variants of the invention are incapable of being performed
5.2Absence of well-known details
5.3Difficulties in performing the invention
6.Inventions relating to biological material
6.1Biological material
6.2Public availability of biological material
6.3Deposit of biological material
6.4Priority claim
6.5Euro-PCT cases
7.Proper names, trade marks and trade names
8.Reference documents
9."Reach-through" claims
10.Sufficiency of disclosure and Rule Rules 56 and 56a
11.Sufficiency of disclosure and clarity
12.Sufficiency of disclosure and inventive step
Chapter IV – Claims (Art. 84 and formal requirements): 1.General
2.Form and content of claims
2.1Technical features
2.2Two-part form
2.3Two-part form unsuitable
2.3.1No two-part form
2.3.2Two-part form "wherever appropriate"
2.4Formulae and tables
3.Kinds of claim
3.1Categories
3.2Number of independent claims
3.3Objection under Rule 43(2) or Rule 137(5)
3.4Independent and dependent claims
3.5Arrangement of claims
3.6Subject-matter of a dependent claim
3.7Alternatives in a claim
3.8Independent claims containing a reference to another claim or to features from a claim of another category
3.9Claims directed to computer-implemented inventions
3.9.1Cases where all method steps can be fully implemented by generic data processing means
3.9.2Cases where method steps define additional devices and/or specific data processing means
3.9.3Cases where the invention is realised in a distributed computing environment
4.Clarity and interpretation of claims
4.1Clarity
4.2Interpretation
4.3Inconsistencies
4.4General statements, "spirit of the invention", claim-like clauses
4.5Essential features
4.5.1Objections arising from missing essential features
4.5.2Definition of essential features
4.5.3Generalisation of essential features
4.5.4Implicit features
4.5.5Examples
4.6Relative terms
4.6.1Clarity objections
4.6.2Interpretation of relative terms
4.7Terms such as "about", "approximately" or "substantially"
4.7.1Interpretation of terms such as "about", "approximately" or "substantially"
4.7.2Clarity objections
4.8Trade marks
4.9Optional features
4.10Result to be achieved
4.11Parameters
4.11.1Unusual parameters
4.12Product-by-process claim
4.12.1Product claim with process features
4.13Interpretation of expressions stating a purpose
4.13.1Interpretation of expressions such as "Apparatus for ...", "Product for ... "
4.13.2Interpretation of means-plus-function features ("means for ... ")
4.13.3Interpretation of expressions such as "Method for ..."
4.14Definition by reference to (use with) another entity
4.14.1Clarity objections
4.14.2Dimensions and/or shape defined by reference to another entity
4.15The expression "in"
4.16Use claims
4.17References to the description or drawings
4.18Reference signs
4.19Negative limitations (e.g. disclaimers)
4.20"Comprising" vs. "consisting of"
4.21Functional definition of a pathological condition
4.22Broad claims
4.23Order of claims
4.24Interpretation of terms such as identity and similarity in relation to amino or nucleic acid sequences
5.Conciseness, number of claims
6.Support in description
6.1General remarks
6.2Extent of generalisation
6.3Objection of lack of support
6.4Lack of support vs. insufficient disclosure
6.5Definition in terms of function
6.6Support for dependent claims
AnnexExamples concerning essential features
Chapter V – Unity of invention: 1.Introduction
2.Requirement of unity of invention
2.1Insufficient grounds for lack of unity
2.2Division's approach
3.Assessment of unity
3.1Non-unity and prior art under Art. 54(3)
3.1.1Non-unity and prior art under Art. 54(3)
3.1.2Non-unity and prior art under Art. 54(2)
3.2Grouping of inventions
3.2.1Plurality of independent claims in the same category
3.2.2Plurality of independent claims in different categories
3.2.3Dependent claims
3.2.4Common dependent claims
3.2.5Markush grouping (alternatives in a single claim)
3.2.6Claims for a known substance for a number of distinct medical uses
3.2.7Intermediate and final products
3.3Reasoning for a lack of unity objection
3.3.1Minimum requirements for reasoning of lack of unity
3.4Determination of the invention first mentioned in the claims
4.Procedure in the case of lack of unity during search
4.1Provisional opinion accompanying the partial search results
4.2Consequences for the applicant
5.Procedure in the case of lack of unity during substantive examination
5.1General principles
5.2Objections to unsearched inventions
5.3Review of non-unity findings
6.Amended claims
7.Euro-PCT applications
7.1International applications without supplementary search
7.2International applications with supplementary search
7.3International preliminary examination report (IPER)
7.4Restricted IPER
Chapter VI – Priority: 1.The right to priority
1.1Filing date as effective date
1.2Priority date as effective date
1.3Validly claiming priority
1.4First application
1.4.1Subsequent application considered as first application
1.5Multiple priorities and partial priorities
2.Determining priority dates
2.1Examining the validity of a right to priority
2.2The same invention
2.3Priority claim not valid
2.4Some examples of determining priority dates
2.4.1Intermediate publication of the contents of the priority application
2.4.2Intermediate publication of another European application
2.4.3Multiple priorities claimed for different inventions in the application with an intermediate publication of one of the inventions
2.4.4A situation in which it has to be checked whether the application from which priority is actually claimed is the "first application" within the meaning of Art. 87(1)
3.Claiming priority
3.1General remarks
3.2Declaration of priority
3.3Certified copy of the previous application (priority document)
3.4Translation of the previous application
3.5Withdrawal of priority claim
3.6Re-establishment of rights in respect of the priority period

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