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Guidelines for Examination

 
 
4.4
Different text where a reservation has been entered in accordance with Art. 167(2)(a) EPC 1973

Where a Contracting State has entered reservations in accordance with Art. 167(2)(a) EPC 1973, patent applications and patents seeking protection for chemical, pharmaceutical or food products as such may include different sets of claims for that State and for the other designated States respectively. Such reservations were made by Austria, Greece and Spain. Without prejudice to Art. 167(5) EPC 1973, the reservation for Austria ceased to have effect after 7 October 1987, those for Greece and Spain after 7 October 1992 (for Spain, see Notice from the EPO dated 18 June 2007, OJ EPO 2007, 439).

Normally, a common description should be sufficient for all sets of claims.