Rule 26

Request for grant

Art. 59, 76, 78, 79, 81, 88, 133
R. 55, 64, 75

(1)34 The request for the grant of a European patent shall be filed on a form drawn up by the European Patent Office. Printed forms shall be made available to applicants free of charge by the authorities referred to in Article 75, paragraph 1.

(2) The request shall contain:

(a) a petition for the grant of a European patent;

(b)35 the title of the invention, which shall clearly and concisely state the technical designation of the invention and shall exclude all fancy names;

(c)36 the name, address and nationality of the applicant and the State in which his residence or principal place of business is located. Names of natural persons shall be indicated by the person's family name and given name(s), the family name being indicated before the given name(s). Names of legal entities, as well as companies considered to be legal entities by reason of the legislation to which they are subject, shall be indicated by their official designations. Addresses shall be indicated in such a way as to satisfy the customary requirements for prompt postal delivery at the indicated address. They shall in any case comprise all the relevant administrative units, including the house number, if any. It is recommended that the telegraphic and telex address and telephone number be indicated;

(d) if the applicant has appointed a representative, his name and the address of his place of business under the conditions contained in sub-paragraph (c);

(e) where appropriate, indication that the application constitutes a European divisional application and the number of the earlier European patent application;

(f) in cases covered by Article 61, paragraph 1(b), the number of the original European patent application;

(g) where applicable, a declaration claiming the priority of an earlier application and indicating the date on which and the country in or for which the earlier application was filed;

(h) designation of the Contracting State or States in which protection of the invention is desired;

(i) the signature of the applicant or his representative;

(j) a list of the documents accompanying the request. This list shall also indicate the number of sheets of the description, claims, drawings and abstract filed with the request;

(k) the designation of the inventor where the applicant is the inventor.

(3)37 If there is more than one applicant, the request shall preferably contain the appointment of one applicant or representative as common representative.

34 See notice from the EPO dated 04.07.2002 concerning the revised Request for Grant form (OJ EPO 2002, 375 ff).

35 Amended by decision of the Administrative Council of 11.12.1980 which entered into force on 31.01.1981 (OJ EPO 1981, 3 ff).

36 Amended by decision of the Administrative Council of 21.12.1978 which entered into force on 01.05.1979 (OJ EPO 1979, 5 ff).

See decision of the Enlarged Board of Appeal G 3/99 (Annex I).

37 Only the French version was amended by decision of the Administrative Council of 11.12.1980 which entered into force on 31.01.1981 (OJ EPO 1981, 3 ff).

Cross-reference list
R. 26 R. 41

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