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Guidelines for Examination

 
 

2. Further requirements

In addition to these four basic requirements, the examiner should be aware of the following two requirements that are implicitly contained in the EPC:

(i)
the invention must be such that it can be carried out by a person skilled in the art (after proper instruction by the application); this follows from Art. 83. Instances where the invention fails to satisfy this requirement are given in F‑III, 3; and
(ii)
the invention must be of "technical character" to the extent that it must relate to a technical field (Rule 42(1)(a)), must be concerned with a technical problem (Rule 42(1)(c)), and must have technical features in terms of which the matter for which protection is sought can be defined in the claim (Rule 43(1)) (see F‑IV, 2.1).