Guidelines for Examination in the EPO

Guidelines for Examination - Table of Contents

PART C GUIDELINES FOR SUBSTANTIVE EXAMINATION

CHAPTER III CLAIMS

CHAPTER II CONTENT OF A EUROPEAN PATENT APPLICATION (OTHER THAN CLAIMS)

3. Kinds of claim

3.2 Number of independent claims

3.2	Number of independent claims

According to Rule 43(2), as applicable to all European patent applications in respect of which a communication under Rule 51(4) EPC 1973 (corresponding to Rule 71(3) EPC 2000) was not issued by 02.01.2002, the number of independent claims is limited to one independent claim in each category.

Rule 43(2)

Exceptions from this rule can only be admitted in the specific circumstances defined in sub-paragraphs (a), (b) or (c) of this rule, provided the requirement of Art. 82 with regard to unity is met (see III, 7).

The following are examples of typical situations falling within the scope of the exceptions from the principle of one independent claim per category:

(i)	examples of a plurality of inter-related products (Rule 43(2)(a)):

plug and socket;

transmitter - receiver;

intermediate(s) and final chemical product;

gene - gene construct - host - protein - medicament;

(ii)	example of a plurality of different inventive uses of a product or device (Rule 43(2)(b)):

claims directed to second or further medical uses when a first medical use is known (see IV, 4.8);

(iii)

examples of alternative solutions to a particular problem (Rule 43(2)(c)):

a group of chemical compounds;

two or more processes for the manufacture of such compounds.

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Guidelines for Examination in the EPO