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Guidelines for Examination in the EPO

Guidelines for Examination - Table of Contents  
PART C GUIDELINES FOR SUBSTANTIVE EXAMINATION PART B PART D  
CHAPTER III CLAIMS CHAPTER II CONTENT OF A EUROPEAN PATENT APPLICATION (OTHER THAN CLAIMS) CHAPTER IV PATENTABILITY  
2. Form and content of claims 1. General 3. Kinds of claim  
2.1 Technical features   2.2 Two-part form  

2.1

Technical features

 

The claims must be drafted in terms of the "technical features of the invention". This means that claims should not contain any statements relating, for example, to commercial advantages or other non-technical matters, but statements of purpose should be allowed if they assist in defining the invention.

Rule 43(1)



It is not necessary that every feature should be expressed in terms of a structural limitation. Functional features may be included provided that a skilled person would have no difficulty in providing some means of performing this function without exercising inventive skill (see III, 6.5). For the specific case of a functional definition of a pathological condition, see III, 4.22.

 

Claims to the use of the invention, in the sense of the technical application thereof, are allowable.

 


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