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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  
2.3 Two-part form unsuitable 2.2 Two-part form 2.4 Formulae and tables  
2.3.2 Two-part form wherever appropriate 2.3.1 No two-part form    

2.3.2

Two-part form "wherever appropriate"

 

When examining whether or not a claim is to be put in the form provided for in Rule 43(1), second sentence, it is important to assess whether this form is "appropriate". In this respect it should be borne in mind that the purpose of the two-part form is to allow the reader to see clearly which features necessary for the definition of the claimed subject-matter are, in combination, part of the prior art. If this is sufficiently clear from the indication of prior art made in the description, to meet the requirement of Rule 42(1)(b), the two-part form should not be insisted upon.

 


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