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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  
8. Different texts of the patent application in respect of different Contracting States (see also D-VII,... 7. Unity of invention    
8.3 Different text where a reservation has been entered in accordance with Art. 167(2)(a) EPC 1973 8.2 Different text where a partial transfer of right has taken place pursuant to Art. 61 8.4 Different text where national rights of earlier date exist  

8.3

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 7/2007, 439.

Art. 167(2)(a) EPC 1973



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

 


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