Main Content

URL: Location: HomePatentsLawLegal texts

Guidelines for Examination in the EPO

Guidelines for Examination - Table of Contents  
PART A GUIDELINES FOR FORMALITIES EXAMINATION General Part PART B  
CHAPTER VII APPLICATIONS UNDER THE PATENT COOPERATION TREATY (PCT) BEFORE THE EPO ACTING AS A DESIGNATED OR... CHAPTER VI PUBLICATION OF APPLICATION; REQUEST FOR EXAMINATION AND TRANSMISSION OF THE DOSSIER TO EXAMINING DIVISION CHAPTER VIII LANGUAGES  
3. Provisions of Chapter III (Examination of formal requirements) 2. Provisions of Chapter II (Filing of applications and examination on filing) 4. Provisions of Chapter IV (Special provisions)  
3.4 Designation of inventor 3.3 Request for grant 3.5 Claim to priority  

3.4

Designation of inventor

 

The requirement, as set out in III, 5 ("Designation of inventor"), that the designation of inventor is filed in a separate document where the applicant is not the inventor or the sole inventor has to be complied with irrespective of the language of the international application, unless the inventor has already been named in the PCT request. Where the inventor has been named in the PCT request, he cannot waive his right to be mentioned in the published application. If the inventor has not been named in the international application at the expiry of the period of 31 months from the date of filing, or, in the case of priority, from the earliest date of priority claimed, the EPO invites the applicant to file the designation of inventor within a period of two months. Failure to rectify this deficiency in time, leads to refusal of the application according to Rule 163(6). The applicant will be notified of this decision according to Rule 111. He may request further processing.

Rule 163(1)




Top . arrow top of page

© European Patent Office . Imprint . Terms of use . Last updated: 13.12.2007