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Supplement to OJ 1/2006
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    Pages 428-429

    Citation: OJ EPO 2006, 428

    Online publication date: 31.7.2006

    INFORMATION FROM THE EPO
    Decisions of the President of the EPO

    Decision of the President of the European Patent Office dated 3 June 2006 on the summary listing of references cited by the applicant in European patent applications and European patent specifications

    The President of the European Patent Office, having regard to Rules 49(1) and 53 EPC, has decided as follows:

    Preamble

    The President of the European Patent Office prescribes the form of the publication of the European patent application and the data which are to be included (Rule 49 EPC). This applies mutatis mutandis to the publication and form of the specification of the European patent (Rule 53 EPC). The description of the European patent application must indicate the background art which, as far as known to the applicant, can be useful for understanding the invention. The applicant is expected to cite the documents, either in patent literature or in non-patent literature, reflecting such art (Rule 27(1)(b) EPC).

    Article 1

    The patent and non-patent literature cited by the applicant in the description shall be captured according to WIPO Standard ST. 36 and listed separately at the end of the European patent application or the specification of the European patent.

    Article 2

    The list referred to in Article 1 shall be included for information only, and shall not form part of the European patent application or the specification of the European patent.

    Article 3

    This decision shall enter into force on 13 September 2006. It shall apply to all European patent applications published from that date.

    Patent specifications shall be published in accordance with Article 1 where the patent application has already been published in accordance with this decision.

    Done at Munich on 3 June 2006

    Alain POMPIDOU

    President

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