Decisions of the Administrative Council
Decision of the Administrative Council of 11 December 1980 amending the Implementing Regulations to the European Patent Convention
THE ADMINISTRATIVE COUNCIL OF THE EUROPEAN PATENT ORGANISATION,
Having regard to the European Patent Convention (hereinafter referred to as "the Convention"), and in particular Article 33, paragraph 1 (b), thereof, On a proposal from the President of the European Patent Office,
HAS DECIDED AS FOLLOWS:
The following text shall be substituted for Rule 26, paragraph 2 (b), of the Implementing Regulations:
"(b) the title of the invention, which shall clearly and concisely state the technical designation of the invention and shall exclude all fancy names;"
The following text shall be substituted for the French version of Rule 26, paragraph 3, of the Implementing Regulations:
"(3) En cas de pluralité de demandeurs, la requête contient, de préférence, la désignation d'un demandeur ou d'un mandataire comme représentant commun."
The following text shall be substituted for Rule 32, paragraph 2 (h), of the Implementing Regulations:
"(h) The same sheet of drawings may contain several figures. Where figures drawn on two or more sheets are intended to form one whole figure, the figures on the several sheets shall be so arranged that the whole figure can be assembled without concealing any part of the partial figures. The different figures shall be arranged without wasting space, preferably in an upright position, clearly separated from one another. Where the figures are not arranged in an upright position, they shall be presented sideways with the top of the figures at the left side of the sheet. The different figures shall be numbered consecutively in arabic numerals, independently of the numbering of the sheets."
The following text shall be substituted for Rule 35, paragraph 4, of the Implementing Regulations:
"(4) The documents making up the European patent application shall be on A4 paper (29.7 cm x 21 cm) which shall be pliable, strong, white, smooth, matt and durable. Subject to the provisions of Rule 32, paragraph 2 (h), and paragraph 11 of this Rule, each sheet shall be used with its short sides at the top and the bottom (upright position)."
The following text shall be substituted for Rule 35, paragraph 11, of the Implementing Regulations:
"(11) The request for the grant of a European patent, the description, the claims and the abstract shall not contain drawings. The description, the claims and the abstract may contain chemical or mathematical formulae. The description and the abstract may contain tables. The claims may contain tables only if their subject-matter makes the use of tables desirable. Tables and chemical or mathematical formulae may be placed sideways on the sheet if they cannot be presented satisfactorily in an upright position thereon; sheets on which tables or chemical or mathematical formulae are presented sideways shall be so presented that the tops of the tables or formulae are at the left side of the sheet."
The following text shall be substituted for Rule 35, paragraph 12, of the Implementing Regulations:
"(12) Units of weights and measures shall be expressed in terms of the metric system. If a different system is used they shall also be expressed in terms of the metric system. Temperatures shall be expressed in degrees Celsius. If a different system is used they shall also be expressed in degrees Celsius. For the other physical values, the units recognised in international practice shall be used, for mathematical formulae the symbols in general use, and for chemical formulae the symbols, atomic weights and molecular formulae in general use shall be employed. In general, use should be made of technical terms, signs and symbols generally accepted in the field in question."
The following text shall be substituted for Rule 38, paragraph 3, of the Implementing Regulations:
"(3) The copy of the previous application required for claiming priority shall be filed before the end of the sixteenth month after the date of priority. The copy must be certified as an exact copy of the previous application by the authority which received the previous application and shall be accompanied by a certificate issued by that authority stating the date of filing of the previous application. If the previous application is a European patent application or an international application filed with the European Patent Office as receiving Office within the meaning of the Cooperation Treaty, the applicant may, instead of filing a copy of the previous application, request the European Patent Office, before the end of the time limit mentioned in the first sentence of this paragraph, to include such a copy in the file of the European patent application upon payment of the administrative fee referred to in Rule 94, paragraph 4."
The President of the European Patent Office shall forward a certified copy of this Decision to all the signatory States to the Convention and to the States which accede thereto.
This Decision shall enter into force on 31 January 1981.
Done at Munich, 11 December 1980
For the Administrative Council