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This is an easy to use E.P. Information.
For exact data information you have to refer to the Official Pubblications as
original sources.
E.P.Convention- Italian
Psatetn Law Info - Italian UtilityModel Law Info
IMPLEMENTING REGULATIONS TO THE CONVENTION
ON THE GRANT OF EUROPEAN PATENTS
of 5 October 1973 as last amended by Decision of the Administrative Council of
the European Patent Organisation of 14 June 1996
PART I - IMPLEMENTING REGULATIONS TO PART I OF THE CONVENTION
Chapter I - Languages of the European Patent Office
Rule 1 - Derogations from the provisions concerning the language of the
proceedings in written proceedings
(1) In written proceedings before the European Patent Office any party may use
any official language of the European Patent Office. The translation referred
to in Article 14, paragraph 4, may be filed in any official language of the
European Patent Office.
(2) Amendments to a European patent application or European patent must be
filed in the language of the proceedings.
(3) Documents to be used for purposes of evidence before the European Patent
Office, and particularly publications, may be filed in any language. The European
Patent Office may, however, require that a translation be filed, within a given
time limit of not less than one month, in one of its official languages.
Rule 2 - Derogations from the provisions concerning the language of the
proceedings in oral proceedings
(1) Any party to oral proceedings before the European Patent Office may, in
lieu of the language of the proceedings, use one of the other official
languages of the European Patent Office, on condition either that such party
gives notice to the European Patent Office at least one month before the date
laid down for such oral proceedings or makes provision for interpreting into
the language of the proceedings.
Any party may likewise use one of the official languages of the Contracting
States, on condition that he makes provision for interpretation into the
language of the proceedings. The European Patent Office may permit derogations
from the provisions of this paragraph.
(2) In the course of oral proceedings, the employees of the European Patent Office
may, in lieu of the language of the proceedings, use one of the other official
languages of the European Patent Office.
(3) In the case of taking of evidence, any party to be heard, witness or expert
who is unable to express himself adequately in one of the official languages of
the European Patent Office or the Contracting States may use another language.
Should the taking of evidence be decided upon following a request by a party to
the proceedings, parties to be heard, witnesses or experts who express
themselves in languages other than the official languages of the European
Patent Office may be heard only if the party who made the request makes
provision for interpretation into the language of the proceedings; the European
Patent Office may, however, authorise interpretation into one of its other
official languages.
(4) If the parties and the European Patent Office agree, any language may be
used in oral proceedings.
(5) The European Patent Office shall, if necessary, make provision at its own
expense for interpretation into the language of the proceedings, or, where
appropriate, into its other official languages, unless this interpretation is
the responsibility of one of the parties to the proceedings.
(6) Statements by employees of the European Patent Office, by parties to the
proceedings and by witnesses and experts, made in one of the official languages
of the European Patent Office during oral proceedings shall be entered in the
minutes in the language employed. Statements made in any other language shall
be entered in the official language into which they are translated. Amendments
to the text of the description or claims of a European patent application or
European patent shall be entered in the minutes in the language of the
proceedings.
Rule 3 (deleted)
Rule 4 - Language of a European divisional application
European divisional applications or, in the case referred to in Article 14,
paragraph 2, the translations thereof, must be filed in the language of the
proceedings for the earlier European patent application.
Rule 5 - Certification of translations
When a translation of any document must be filed, the European Patent Office
may require the filing of a certificate that the translation corresponds to the
original text within a period to be determined by it. Failure to file the
certificate in due time shall lead to the document being deemed not to have
been received unless the Convention provides otherwise.
Rule 6 - Time limits and reduction of fees
(1) The translation referred to in Article 14, paragraph 2, must be filed
within three months after the filing of the European patent application, but no
later than thirteen months after the date of priority. Nevertheless, if the
translation concerns a European divisional application or a new European patent
application under Article 61, paragraph 1(b), the translation may be filed at
any time within one month of the filing of such application.
(2) The translation referred to in Article 14, paragraph 4, must be filed
within one month of the filing of the document. Where the document is a notice
of opposition or an appeal, this period shall be extended where appropriate to
the end of the opposition period or appeal period.
(3) A reduction in the filing fee, examination fee, opposition fee or appeal
fee shall be allowed an applicant, proprietor or opponent, as the case may be,
who avails himself of the options provided in Article 14, paragraphs 2 and 4.
The reduction shall be fixed in the Rules relating to Fees at a percentage of the
total of the fees.
Rule 7 - Legal authenticity of the translation of the European patent
application
Saving proof to the contrary, the European Patent Office may, for the purposes
of determining whether the subject matter of the European patent application or
European patent extends beyond the content of the European patent application
as filed, assume that the translation referred to in Article 14, paragraph 2,
is in conformity with the original text of the application.
Chapter II - Organisation of the European Patent Office
Rule 8 - Patent classification
(1) The European Patent Office shall use:
(a) the classification referred to in Article 1 of the European Convention on
the International Classification of Patents for Invention of 19 December 1954
until the entry into force of the Strasbourg Agreement concerning the
International Patent Classification of 24 March 1971;
(b) the classification referred to in Article 1 of the aforementioned
Strasbourg Agreement, after the entry into force of that Agreement.
(2) The classification referred to in paragraph 1 is hereinafter referred to as
the international classification.
Rule 9 - Allocation of duties to the departments of the first instance
(1) The President of the European Patent Office shall determine the number of
Search Divisions, Examining Divisions and Opposition Divisions. He shall
allocate duties to these departments by reference to the international
classification and shall decide where necessary on the classification of a
European patent application or a European patent in accordance with that
classification.
(2) In addition to the responsibilities vested in them under the Convention,
the President of the European Patent Office may allocate further duties to the
Receiving Section, Search Divisions, Examining Divisions, Opposition Divisions
and the Legal Division.
(3) The President of the European Patent Office may entrust to employees who
are not technically or legally qualified examiners the execution of individual
duties falling to the Examining Divisions or Opposition Divisions and involving
no technical or legal difficulties.
(4) The President of the European Patent Office may grant exclusive
responsibilities to one of the registries of the Opposition Divisions for
fixing the amount of costs as provided for in Article 104, paragraph 2.
Rule 10 - Allocation of duties to the departments of the second instance and
designation of their members
(1) Duties shall be allocated to the Boards of Appeal and the regular and
alternate members of the various Boards of Appeal and the Enlarged Board of
Appeal shall be designated before the beginning of each working year. Any
member of a Board of Appeal may be designated as a member of more than one
Board of Appeal. These measures may, where necessary, be amended during the
course of the working year in question.
(2) The measures referred to in paragraph 1 shall be taken by an authority
consisting of the President of the European Patent Office, who shall act as
Chairman, the Vice-President responsible for appeals, the Chairmen of the
Boards of Appeal and three other members of the Boards of Appeal, elected by
the full membership of these Boards for the working year in question. This
authority may only take a decision if at least five of its members are present;
these must include the President or a Vice-President of the European Patent
Office and the Chairmen of two Boards of Appeal. Decisions shall be taken by a
majority vote; in the event of parity of votes, the vote of the Chairman shall be
decisive.
(3) The authority referred to in paragraph 2 shall decide on conflicts
regarding the allocation of duties between two or more Boards of Appeal.
(4) The Administrative Council may allocate duties under Article 134, paragraph
8(c), to the Boards of Appeal.
Rule 11- Rules of Procedure of the departments of the second instance
The authority referred to in Rule 10, paragraph 2, shall adopt the Rules of
Procedure of the Boards of Appeal. The Enlarged Board of Appeal shall adopt its
own Rules of Procedure.
Rule 12 - Administrative structure of the European Patent Office
(1) The Examining Divisions and the Opposition Divisions shall be grouped
together administratively so as to form Directorates, the number of which shall
be laid down by the President of the European Patent Office.
(2) The Directorates, the Legal Division, the Boards of Appeal and the Enlarged
Board of Appeal, and the administrative services of the European Patent Office
shall be grouped together administratively so as to form Directorates-General.
The Receiving Section and the Search Divisions shall be grouped together
administratively so as to form a Directorate-General.
(3) Each Directorate-General shall be directed by a Vice President. The
appointment of a Vice-President to a Directorate-General shall be decided upon
by the Administrative Council, after the President of the European Patent
Office has been consulted.
PART II - IMPLEMENTING REGULATIONS TO PART II OF
THE CONVENTION
Chapter I - Procedure where the applicant or proprietor is not entitled
Rule 13 - Suspension of proceedings
(1) If a third party provides proof to the European Patent Office that he has
opened proceedings against the applicant for the purpose of seeking a judgment
that he is entitled to the grant of the European patent, the European Patent
Office shall stay the proceedings for grant unless the third party consents to
the continuation of such proceedings. Such consent must be communicated in
writing to the European Patent Office; it shall be irrevocable. However,
proceedings for grant may not be stayed before the publication of the European
patent application.
(2) Where proof is provided to the European Patent Office that a decision which
has become final has been given in the proceedings concerning entitlement to
the grant of the European patent, the European Patent Office shall communicate
to the applicant and any other party that the proceedings for grant shall be
resumed as from the date stated in the communication unless a new European
patent application pursuant to Article 61, paragraph 1(b), has been filed for
all the designated Contracting States. If the decision is in favour of the
third party, the proceedings may only be resumed after a period of three months
of that decision becoming final unless the third party requests the resumption
of the proceedings for grant.
(3) When giving a decision on the suspension of proceedings or thereafter the
European Patent Office may set a date on which it intends to continue the
proceedings pending before it regardless of the stage reached in the
proceedings referred to in paragraph 1 opened against the applicant. The date
is to be communicated to the third party, the applicant and any other party. If
no proof has been provided by that date that a decision which has become final
has been given, the European Patent Office may continue proceedings.
(4) If a third party provides proof to the European Patent Office during
opposition proceedings or during the opposition period that he has opened proceedings
against the proprietor of the European patent for the purpose of seeking a
judgment that he is entitled to the European patent, the European Patent Office
shall stay the opposition proceedings unless the third party consents to the
continuation of such proceedings. Such comment must be communicated in writing
to the European Patent Office; it shall be irrevocable. However, the suspension
of the proceedings may not be ordered until the Opposition Division has deemed
the opposition admissible. Paragraphs 2 and 3 shall apply mutatis mutandis.
(5) The time limits in force at the date of suspension other than time limits
for payment of renewal fees shall be interrupted by such suspension. The time
which has not yet elapsed shall begin to run as from the date on which
proceedings are resumed; however, the time still to run after the resumption of
the proceedings shall not be less than two months.
Rule 14 - Limitation of the option to withdraw the European patent application
As from the time when a third party proves to the European Patent Office that
he has initiated proceedings concerning entitlement and up to the date on which
the European Patent Office resumes the proceedings for grant, neither the
European patent application nor the designation of any Contracting State may be
withdrawn.
Rule 15 - Filing of a new European patent application by the person entitled to
apply
(1) Where the person adjudged by a final decision to be entitled to the grant
of the European patent files a new European patent application pursuant to
Article 61, paragraph 1(b), the original European patent application shall be
deemed to be withdrawn on the date of filing of the new application for the
Contracting States designated therein in which the decision has been taken or
recognised.
(2) The filing fee, search fee and designation fees must be paid in respect of
the new European patent application within one month after the filing thereof.
Payment of the designation fees may still be made up to the expiry of the period
specified for the original European patent application in Article 79, paragraph
2, if that period expires after the period referred to in the first sentence.
(3) The time limits for forwarding European patent applications provided for in
Article 77, paragraphs 3 and 5,shall, for the new European patent application,
be four months as from the actual filing date of that application.
Rule 16 - Partial transfer of right by virtue of a final decision
(1) If by a final decision it is adjudged that a third party is entitled to the
grant of a European patent in respect of only part of the matter disclosed in
the European patent application, Article 61 and Rule 15 shall apply mutatis
mutandis to such part.
(2) Where appropriate, the original European patent application shall contain,
for the designated Contracting States in which the decision was taken or
recognised, claims, a description and drawings which are different from those
for the other designated Contracting States.
(3) Where a third party has, in accordance with Article 99,paragraph 5,
replaced the previous proprietor for one or some of the designated Contracting
States, the patent as maintained in opposition proceedings may contain for
these States claims, a description and drawings which are different from those
for the other designated Contracting States.
Chapter II - Mention of the inventor
Rule 17 - Designation of the inventor
(1) The designation of the inventor shall be filed in the request for the grant
of a European patent. However, if the applicant is not the inventor or is not
the sole inventor, the designation shall be filed in a separate document; the
designation must state the family name, given names and full address of the
inventor and the statement referred to in Article 81 and shall bear the
signature of the applicant or his representative.
(2) The European Patent Office shall not verify the accuracy of the designation
of the inventor.
(3) If the applicant is not the inventor or is not the sole inventor, the
European Patent Office shall inform the designated inventor of the data in the
document designating him and the further data mentioned in Article 128,
paragraph5.
(4) The applicant and the inventor may invoke neither the omission of the
notification under paragraph 3 nor any errors contained therein.
Rule 18 - Publication of the mention of the inventor
(1) The person designated as the inventor shall be mentioned as such in the
published European patent application and the European patent specification.
(2) In the event of a third party filing with the European Patent Office a
final decision whereby the applicant for or proprietor of a patent is required
to designate him as the inventor, the provisions of paragraph 1shall apply.
(3) The measures provided for in paragraph 1 shall not be applicable where the
inventor designated by the applicant for or proprietor of the patent addresses
to the European Patent Office a written renunciation of his title as inventor.
Rule 19 - Rectification of the designation of an inventor
(1) An incorrect designation of an inventor may not be rectified save upon
request, accompanied by the consent of the wrongly designated person and, in
the event of such request not being filed by the applicant for or proprietor of
the European patent, by the consent of that party. The provisions of Rule 17
shall apply mutatis mutandis.
(2) In the event of an incorrect mention of the inventor having been entered in
the Register of European Patents or published in the European Patent Bulletin
such entry or publication shall be corrected.
(3) Paragraph 2 shall apply mutatis mutandis to the cancellation of an
incorrect designation of the inventor.
Chapter III - Registering transfers, licences and other rights
Rule 20- Registering a transfer
(1) A transfer of a European patent application shall be recorded in the
Register of European Patents at the request of an interested party and on
production of documents satisfying the European Patent Office that the transfer
has taken place.
(2) The request shall not be deemed to have been filed until such time as an
administrative fee has been paid. It may be rejected only in the event of
failure to comply with the conditions laid down in paragraph 1.
(3) A transfer shall have effect vis-à-vis the European Patent Office only when
and to the extent that the documents referred to in paragraph 1 have been
produced.
Rule 21 - Registering of licences and other rights
(1) Rule 20, paragraphs 1 and 2, shall apply mutatis mutandis to the
registration of the grant or transfer of a licence, the establishment or
transfer of a right in rem in respect of a European patent application and any
legal means of execution of such an application.
(2) The registration referred to in paragraph 1 shall be cancelled upon
request, which shall not be deemed to have been filed until an administrative
fee has been paid. Such request shall be supported either by documents
establishing that the right has lapsed, or by a declaration whereby the
proprietor of the right consents to the cancellation of the registration; it
may be rejected only if these conditions are not fulfilled.
Rule 22 - Special indications for the registration of a licence
(1) A licence in respect of a European patent application shall be recorded in
the Register of European Patents as an exclusive licence if the applicant and
the licensee so require.
(2) A licence in respect of a European patent application shall be recorded in
the Register of European Patents as a sub-licence where it is granted by a licensee
whose licence is recorded in the said Register.
Chapter IV - Certification of exhibition
Rule 23 - Certificate of exhibition
The applicant must, within four months of the filing of the European patent
application, file the certificate referred to in Article 55, paragraph 2,
issued at the exhibition by the authority responsible for the protection of
industrial property at that exhibition, and stating that the invention was in
fact exhibited there. This certificate shall also state the opening date of the
exhibition and, where the first disclosure of the invention did not coincide
with the opening date of the exhibition, the date of the first disclosure. This
certificate must be accompanied by an identification of the invention, duly
authenticated by the above-mentioned authority.
PART III - IMPLEMENTING REGULATIONS TO PART III OF THE CONVENTION
Chapter I - Filing of the European patent application
Rule 24 - General provisions
(1) European patent applications may be filed in writing with the authorities
referred to in Article 75 either directly or by post. The President of the
European Patent Office may permit European patent applications to be filed by
other means of communication and lay down conditions governing their use. He
may, in particular, require that within such period as the European Patent
Office shall specify written confirmation be supplied reproducing the contents
of applications so filed and complying with the requirements of these
Implementing Regulations.
(2) The authority with which the European patent application is filed shall
mark the documents making up the application with the date of their receipt. It
shall issue without delay a receipt to the applicant which shall include at
least the application number, the nature and number of the documents and the
date of their receipt.
(3) If the European patent application is filed with an authority mentioned in
Article 75, paragraph 1(b), it shall without delay inform the European Patent
Office of receipt of the documents making up the application. It shall inform
the European Patent Office of the nature and date of receipt of the documents,
the application number and any priority date claimed.
(4) When the European Patent Office has received a European patent application
which has been forwarded by a central industrial property office of a
Contracting State, it shall inform the applicant accordingly, indicating the
date of its receipt at the European Patent Office.
Rule 25 - Provisions for European divisional applications
(1) Up to the approval of the text, in accordance with Rule 51, paragraph 4, in
which the European patent is to be granted, the applicant may file a divisional
application on the pending earlier European patent application.
(2) The filing fee, search fee and designation fees must be paid in respect of
each European divisional application within one month after the filing thereof.
Payment of the designation fees may still be made up to the expiry of the
period specified for the earlier European patent application in Article 79,
paragraph 2, if that period expires after the period referred to in the first
sentence.
Chapter II - Provisions governing the application
Rule 26 - Request for grant
(1) 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) the title of the invention, which shall clearly and concisely state the
technical designation of the invention and shall exclude all fancy names;
(c) 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) If there is more than one applicant, the request shall preferably contain
the appointment of one applicant or representative as common representative.
Rule 27 - Content of the description
(1) The description shall:
(a) specify the technical field to which the invention relates;
(b) indicate the background art which, as far as known to the applicant, can be
regarded as useful for understanding the invention, for drawing up the European
search report and for the examination, and, preferably, cite the documents
reflecting such art;
(c) disclose the invention, as claimed, in such terms that the technical
problem (even if not expressly stated as such) and its solution can be
understood, and state any advantageous effects of the invention with reference
to the background art;
(d) briefly describe the figures in the drawings, if any;
(e) describe in detail at least one way of carrying out the invention claimed
using examples where appropriate and referring to the drawings, if any;
(f) indicate explicitly, when it is not obvious from the description or nature
of the invention, the way in which the invention is capable of exploitation in
industry.
(2) The description shall be presented in the manner and order specified in
paragraph 1, unless because of the nature of the invention, a different manner
or a different order would afford a better understanding and a more economic
presentation.
Rule 27a- Requirements of European patent applications relating to nucleotide
and amino acid sequences
(1) If nucleotide or amino acid sequences are disclosed in the European patent
application the description shall contain a sequence listing conforming to the
rules laid down by the President of the European Patent Office for the
standardised representation of nucleotide and amino acid sequences.
(2) The President of the European Patent Office may require that, in addition
to the written application documents, a sequence listing in accordance with
paragraph 1 be submitted on a data carrier prescribed by him accompanied by a
statement that the information recorded on the data carrier is identical to the
written sequence listing.
(3) If a sequence listing is filed or corrected after the date of filing, the
applicant shall submit a statement that the sequence listing so filed or
corrected does not include matter which goes beyond the content of the
application as filed.
(4) A sequence listing filed after the date of filing shall not form part of
the description.
Rule 28 - Deposit of biological material [entered into force on 1 October 1996
- see also old text]
(1) If an invention involves the use of or concerns biological material which
is not available to the public and which cannot be described in the European
patent application in such a manner as to enable the invention to be carried
out by a person skilled in the art, the invention shall only be regarded as
being disclosed as prescribed in Article 83 if:
(a) a sample of the biological material has been deposited with a recognised
depositary institution not later than the date of filing of the application;
(b) the application as filed gives such relevant information as is available to
the applicant on the characteristics of the biological material;
(c) the depositary institution and the accession number of the deposited
biological material are stated in the application, and
(d) where the biological material has been deposited by a person other than the
applicant, the name and address of the depositor are stated in the application
and a document is submitted satisfying the European Patent Office that the latter
has authorised the applicant to refer to the deposited biological material in
the application and has given his unreserved and irrevocable consent to the
deposited material being made available to the public in accordance with this
Rule.
(2) The information referred to in paragraph 1(c) and, where applicable, (d)
may be submitted
(a) within a period of sixteen months after the date of filing of the
application or, if priority is claimed, after the priority date, this time
limit being deemed to have been met if the information is communicated before
completion of the technical preparations for publication of the European patent
application;
(b) up to the date of submission of a request for early publication of the
application;
(c) within one month after the European Patent Office has communicated to the
applicant that a right to inspect the files pursuant to Article 128, paragraph
2, exists.
The ruling period shall be the one which is the first to expire. The
communication of this information shall be considered as constituting the
unreserved and irrevocable consent of the applicant to the deposited biological
material being made available to the public in accordance with this Rule.
(3) The deposited biological material shall be available upon request to any
person from the date of publication of the European patent application and to
any person having the right to inspect the files under the provisions of
Article 128, paragraph 2, prior to that date. Subject to paragraph 4, such
availability shall be effected by the issue of a sample of the biological
material to the person making the request (hereinafter referred to as
"requester").
Said issue shall be made only if the requester has undertaken vis-à-vis the
applicant for or proprietor of the patent not to make the biological material
or any biological material derived therefrom available to any third party and
to use that material for experimental purposes only, until such time as the
patent application is refused or withdrawn or deemed to be withdrawn, or before
the expiry of the patent in the designated State in which it last expires,
unless the applicant for or proprietor of the patent expressly waives such an
undertaking.
The undertaking to use the biological material for experimental purposes only
shall not apply in so far as the requester is using that material under a
compulsory licence. The term "compulsory licence" shall be construed
as including ex officio licences and the right to use patented inventions in
the public interest.
(4) Until completion of the technical preparations for publication of the
application, the applicant may inform the European Patent Office that
(a) until the publication of the mention of the grant of the European patent
or, where applicable,
(b) for twenty years from the date of filing if the application has been
refused or withdrawn or deemed to be withdrawn, the availability referred to in
paragraph 3 shall be effected only by the issue of a sample to an expert
nominated by the requester.
(5) The following may be nominated as an expert:
(a) any natural person provided that the requester furnishes evidence, when
filing the request, that the nomination has the approval of the applicant;
(b) any natural person recognised as an expert by the President of the European
Patent Office.
The nomination shall be accompanied by a declaration from the expert vis-à-vis
the applicant in which he enters into the undertaking given pursuant to
paragraph 3 until either the date on which the patent expires in all the designated
States or, where the application has been refused, withdrawn or deemed to be
withdrawn, until the date referred to in paragraph 4(b), the requester being
regarded as a third party.
(6) Within the meaning of this Rule:
(a) biological material shall mean any material containing genetic information
and capable of self-reproducing or of being reproduced in a biological system;
(b) for the purposes of paragraph 3, derived biological material is deemed to
be any material which still exhibits those characteristics of the deposited
material which are essential to carrying out the invention. The undertaking
referred to in paragraph 3 shall not impede a deposit of derived biological
material, necessary for the purpose of patent procedure.
(7) The request provided for in paragraph 3 shall be submitted to the European
Patent Office on a form recognised by that Office. The European Patent Office
shall certify on the form that a European patent application referring to the
deposit of the biological material has been filed, and that the requester or
the expert nominated by him is entitled to the issue of a sample of that
material After grant of the European patent, the request shall also be
submitted to the European Patent Office.
(8) The European Patent Office shall transmit a copy of the request, with the
certification provided for in paragraph 7, to the depositary institution as
well as to the applicant for or the proprietor of the patent.
(9) The President of the European Patent Office shall publish in the Official
Journal of the European Patent Office the list of depositary institutions and
experts recognised for the purpose of this Rule.
Rule 28a - New deposit of biological material [entered into force on 1 October
1996 - see also old text]
(1) If biological material deposited in accordance with Rule 28, paragraph 1,
ceases to be available from the institution with which it was deposited
because:
(a) the biological material is no longer viable, or (b) for any other reason
the depositary institution is unable to supply samples, and if no sample of the
biological material has been transferred to another depositary institution
recognised for the purposes of Rule 28, from which it continues to be
available, an interruption in availability shall be deemed not to have occurred
if a new deposit of the biological material originally deposited is made within
a period of three months from the date on which the depositor was notified of
the interruption by the depositary institution and if a copy of the receipt of
the deposit issued by the institution is forwarded to the European Patent
Office within four months from the date of the new deposit stating the number
of the application or of the European patent.
(2) In the case provided for in paragraph 1(a), the new deposit shall be made
with the depositary institution with which the original deposit was made; in
the cases provided for in paragraph 1(b), it may be made with another
depositary institution recognised for the purposes of Rule 28.
(3) Where the institution with which the original deposit was made ceases to be
recognised for the purposes of the application of Rule 28, either entirely or
for the kind of biological material to which the deposited sample belongs, or
where that institution discontinues, temporarily or definitively, the
performance of its functions as regards deposited biological material, and the
notification referred to in paragraph 1 from the depositary institution is not
received within six months from the date of such event, the three-month period
referred to in paragraph 1 shall begin on the date on which this event is
announced in the Official Journal of the European Patent Office.
(4) Any new deposit shall be accompanied by a statement signed by the depositor
alleging that the newly deposited biological material is the same as that
originally deposited.
(5) If the new deposit has been made under the provisions of the Budapest
Treaty on the International Recognition of the Deposit of Microorganisms for
the Purposes of Patent Procedure of 28 April 1977, the provisions of that
Treaty shall prevail.
Rule 29 - Form and content of claims
(1) The claims shall define the matter for which protection is sought in terms
of the technical features of the invention. Wherever appropriate claims shall
contain:
(a) a statement indicating the designation of the subject matter of the
invention and those technical features which are necessary for the definition
of the claimed subject matter but which, in combination, are part of the prior
art;
(b) a characterising portion - preceded by the expression "characterised
in that" or "characterised by" - stating the technical features
which, in combination with the features stated in sub-paragraph (a), it is
desired to protect.
(2) Subject to Article 82, a European patent application may contain two or
more independent claims in the same category (product, process, apparatus or
use) where it is not appropriate, having regard to the subject-matter of the
application, to cover this subject-matter by a single claim.
(3) Any claim stating the essential features of an invention may be followed by
one or more claims concerning particular embodiments of that invention.
(4) Any claim which includes all the features of any other claim (dependent
claim) shall contain, if possible at the beginning, a reference to the other
claim and then state the additional features which it is desired to protect. A
dependent claim shall also be admissible where the claim it directly refers to
is itself a dependent claim. All dependent claims referring back to a single
previous claim, and all dependent claims referring back to several previous
claims, shall be grouped together to the extent and in the most appropriate way
possible.
(5) The number of the claims shall be reasonable in consideration of the nature
of the invention claimed. If there are several claims, they shall be numbered
consecutively in Arabic numerals.
(6) Claims shall not, except where absolutely necessary, rely, in respect of
the technical features of the invention, on references to the description or
drawings. In particular, they shall not rely on such references as: "as
described in part ... of the description", or "as illustrated in
figure ...of the drawings".
(7) If the European patent application contains drawings, the technical
features mentioned in the claims shall preferably, if the intelligibility of
the claim can thereby be increased, be followed by reference signs relating to
these features and placed between parentheses. These reference signs shall not
be construed as limiting the claim.
Rule 30 - Unity of invention
(1) Where a group of inventions is claimed in one and the same European patent
application, the requirement of unity of invention referred to in Article 82
shall be fulfilled only when there is a technical relationship among those
inventions involving one or more of the same or corresponding special technical
features. The expression "special technical features" shall mean
those features which define a contribution which each of the claimed inventions
considered as a whole makes over the prior art.
(2) The determination whether a group of inventions is so linked as to form a
single general inventive concept shall be made without regard to whether the
inventions are claimed in separate claims or as alternatives within a single
claim.
Rule 31- Claims incurring fees
(1) Any European patent application comprising more than ten claims at the time
of filing shall, in respect of each claim over and above that number, incur
payment of a claims fee. The claims fee shall be payable within one month after
the filing of the application. If the claims fees have not been paid in due
time they may still be validly paid within a period of grace of one month of
notification of a communication pointing out the failure to observe the time
limit.
(2) If a claims fee is not paid within the period referred to in paragraph
1,the claim concerned shall be deemed to be abandoned. Any claims fee duly paid
shall be refunded only in the case referred to in Article 77, paragraph 5.
Rule 32 - Form of the drawings
(1) On sheets containing drawings, the usable surface area shall not exceed
26.2 cm x 17 cm. These sheets shall not contain frames round the usable or used
surface. The minimum margins shall be as follows:
top 2.5 cm
left side 2.5 cm
right side 1.5 cm
bottom 1 cm
(2) Drawings shall be executed as follows:
(a) Drawings shall be executed in durable, black, sufficiently dense and dark,
uniformly thick and well-defined, lines and strokes without colourings.
(b) Cross-sections shall be indicated by hatching which should not impede the
clear reading of the reference signs and leading lines.
(c) The scale of the drawings and the distinctness of their graphical execution
shall be such that a photographic reproduction with a linear reduction in size
to two-thirds would enable all details to be distinguished without difficulty.
If, as an exception, the scale is given on a drawing, it shall be represented
graphically.
(d) All numbers, letters, and reference signs, appearing on the drawings, shall
be simple and clear. Brackets, circles or inverted commas shall not be used in
association with numbers and letters.
(e) All lines in the drawings shall, ordinarily, be drawn with the aid of
drafting instruments.
(f) Elements of the same figure shall be in proportion to each other, unless a
difference in proportion is indispensable for the clarity of the figure.
(g) The height of the numbers and letters shall not be less than 0.32 cm. For
the lettering of drawings, the Latin and, where customary, the Greek alphabets
shall be used.
(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.
(i) Reference signs not mentioned in the description and claims shall not
appear in the drawings, and vice versa. The same features, when denoted by
reference signs, shall, throughout the application, be denoted by the same
signs.
(j) The drawings shall not contain text matter, except, when absolutely
indispensable, a single word or words such as "water",
"steam", "open", "closed", "section on
AB", and, in the case of electric circuits and block schematic or flow
sheet diagrams, a few short catchwords indispensable for understanding. Any
such words shall be placed in such a way that, if required, they can be
replaced by their translations without interfering with any lines of the
drawings.
(3) Flow sheets and diagrams are considered drawings.
Rule 33 - Form and content of the abstract
(1) The abstract shall indicate the title of the invention.
(2) The abstract shall contain a concise summary of the disclosure as contained
in the description, the claims and any drawings; the summary shall indicate the
technical field to which the invention pertains and shall be drafted in a way
which allows the clear understanding of the technical problem, the gist of the
solution of that problem through the invention and the principal use or uses of
the invention. The abstract shall, where applicable, contain the chemical
formula which, among those contained in the application, best characterises the
invention.It shall not contain statements on the alleged merits or value of the
invention or on its speculative application.
(3) The abstract shall preferably not contain more than one hundred and fifty
words.
(4) If the European patent application contains drawings, the applicant shall
indicate the figure or, exceptionally, the figures of the drawings which he suggests
should accompany the abstract when the abstract is published. The European
Patent Office may decide to publish one or more other figures if it considers
that they better characterise the invention. Each main feature mentioned in the
abstract and illustrated by a drawing shall be followed by a reference sign,
placed between parentheses.
(5) The abstract shall be so drafted that it constitutes an efficient
instrument for purposes of searching in the particular technical field
particularly by making it possible to assess whether there is a need for
consulting the European patent application itself.
Rule 34 - Prohibited matter
(1) The European patent application shall not contain:
(a) statements or other matter contrary to "ordre public" or morality;
(b) statements disparaging the products or processes of any particular person
other than the applicant, or the merits or validity of applications or patents
of any such person. Mere comparisons with the prior art shall not be considered
disparaging per se;
(c) any statement or other matter obviously irrelevant or unnecessary under the
circumstances.
(2) If a European patent application contains prohibited matter within the
meaning of paragraph 1 (a), the European Patent Office shall omit it when publishing
the application, indicating the place and number of words or drawings omitted.
(3) If a European patent application contains statements within the meaning of
paragraph 1(b), the European Patent Office may omit them when publishing the
application. It shall indicate the place and number of words omitted, and shall
furnish, upon request, a copy of the passages omitted.
Rule 35 - General provisions governing the presentation of the application
documents
(1) Translations mentioned in Article 14, paragraph 2, shall be considered to
be included in the term "documents making up the European patent
application".
(2) The documents making up the European patent application shall be filed in
three copies. The President of the European Patent Office may, however,
determine that the documents shall be filed in fewer than three copies.
(3) The documents making up the European patent application shall be so
presented as to admit of direct reproduction by photography, electrostatic
processes, photo offset and micro-filming, in an unlimited number of copies.
All sheets shall be free from cracks, creases and folds. Only one side of the
sheet shall be used.
(4) The documents making up the European patent application shall be on A 4
paper (29.7 cm21 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
bottom (upright position).
(5) Each of the documents making up the European patent application (request,
description, claims, drawings and abstract) shall commence on a new sheet. The
sheets shall be connected in such a way that they can easily be turned over,
separated and joined together again.
(6) Subject to Rule 32, paragraph 1, the minimum margins shall be as follows:
top: 2 cm
left side: 2.5 cm
right side: 2 cm
bottom: 2 cm
The recommended maximum for the margins quoted above is as follows:
top: 4 cm
left side: 4 cm
right side: 3 cm
bottom: 3 cm
(7) The margins of the documents making up the European patent application,
when submitted, must be completely blank.
(8) All the sheets contained in the European patent application shall be
numbered in consecutive arabic numerals. These shall be placed at the top of
the sheet, in the middle, but not in the top margin.
(9) The lines of each sheet of the description and of the claims shall
preferably be numbered in sets of five, the numbers appearing on the left side,
to the right of the margin.
(10) The request for the grant of a European patent, the description, the
claims and the abstract shall be typed or printed. Only graphic symbols and
characters and chemical or mathematical formulae may, if necessary, be written
by hand or drawn. The typing shall be 1 1/2 spaced.
All text matter shall be in characters, the capital letters of which are not
less than 0.21cm high, and shall be in a dark, indelible colour.
(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.
(12) Physical values shall be expressed in the units recognised in
international practice, wherever appropriate in terms of the metric system using
SI units. Any data not meeting this requirement must also be expressed in the
units recognised in international practice. For mathematical formulae the
symbols in general use shall be employed. For chemical formulae the symbols,
atomic weights and molecular formulae in general use shall be employed. In
general, use should be made of the technical terms, signs and symbols generally
accepted in the field in question.
(13) The terminology and the signs shall be consistent throughout the European
patent application.
(14) Each sheet shall be reasonably free from erasures and shall be free from
alterations, overwritings and interlineations. Non-compliance with this rule
may be authorised if the authenticity of the content is not in question and the
requirements for good reproduction are not in jeopardy.
Rule 36 - Documents filed subsequently
(1) The provisions of Rules 27, 29 and 32 to 35 shall apply to documents
replacing documents making up the European patent application. Rule 35,
paragraphs 2 to 14, shall also apply to the translation of the claims referred
to in Rule 51, paragraph 6.
(2) All documents other than those referred to in the first sentence of
paragraph 1 shall normally be typewritten or printed. There must be a margin of
about 2.5 cm on the left hand side of each page.
(3) All documents, with the exception of annexed documents, filed after filing
of the European patent application must be signed. If a document has not been
signed, the European Patent Office shall invite the party concerned to do so
within a time limit to be laid down by that Office. If signed in due time, the
document shall retain its original date of receipt; otherwise its hall be
deemed not to have been received.
(4) Such documents as must be communicated to other persons or as relate to two
or more European patent applications or European patents, must be filed in a
sufficient number of copies. If the party concerned does not comply with this
obligation in spite of a request by the European Patent Office, the missing
copies shall be provided at the expense of the party concerned.
(5) Notwithstanding paragraphs 2 to 4 the President of the European Patent
Office may permit documents filed after filing of the European patent
application to be transmitted to the European Patent Office by other means of
communication and lay down conditions governing their use. He may, in
particular, require that within a period laid down by him written confirmation
be supplied reproducing the contents of documents so filed and complying with
the requirements of these Implementing Regulations; if such confirmation is not
supplied in due time, the documents shall be deemed not to have been received.
Chapter III - Renewal fees
Rule 37 - Payment of renewal fees
(1) Renewal fees for the European patent application in respect of the coming
year shall be due on the last day of the month containing the anniversary of
the date of filing of the European patent application. Renewal fees may not be
validly paid more than one year before they fall due.
(2) An additional fee shall be deemed to have been paid at the same time as the
renewal fee within the meaning of Article 86, paragraph 2, if it is paid within
the period laid down in that provision.
(3) Renewal fees already due in respect of an earlier application up to the
date on which a European divisional application is filed must also be paid for
the divisional application and fall due when the latter is filed. These fees
and any renewal fee falling due within a period of four months from the filing
of the divisional application may be paid without an additional fee within that
period. If payment is not made in due time, the renewal fees may still be
validly paid within six months of the due date, provided that the additional
fee under Article 86, paragraph
2, is paid at the same time.
(4) Renewal fees shall not be payable for a new European patent application
filed pursuant to Article 61, paragraph 1
(b), in respect of the year in which it was actually filed and any preceding
year.
Chapter IV - Priority
Rule 38 - Declaration of priority and priority documents
(1) The declaration of priority referred to in Article 88, paragraph 1, shall
state the date of the previous filing and the State in or for which it was made
and shall indicate the file number.
(2) The date and State of the previous filing must be stated on filing the
European patent application; the file number shall be indicated before the end
of the sixteenth month after the date of priority.
(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. The President of the European Patent Office may provide that a
copy of the previous application, if it is available to the European Patent
Office, shall be included in the file of the European patent application, and
lay down the conditions for doing so. He may in particular provide that an
administrative fee is payable.
(4) Where a translation of the previous application into one of the official
languages of the European Patent Office is required, it must be filed within a
time limit to be set by the European Patent Office but at the latest within the
time limit under Rule 51, paragraph 6, or a declaration must be submitted that
the European patent application is a complete translation of the previous
application. Paragraph 3, third sentence, shall apply mutatis mutandis.
(5) The particulars stated in the declaration of priority shall appear in the
published European patent application and also on the European patent
specification.
PART IV - IMPLEMENTING REGULATIONS TO PART IV OF THE CONVENTION
Chapter I - Examination by the Receiving Section
Rule 39 - Communication following the examination on filing
If the European patent application fails to meet the requirements laid down in
Article 80, the Receiving Section shall communicate the disclosed deficiencies
to the applicant and inform him that the application will not be dealt with as
a European patent application unless he remedies the disclosed deficiencies
within one month. If he does so, he shall be informed of the date of filing.
Rule 40 - Examination for certain physical requirements
The physical requirements which a European patent application must satisfy
pursuant to Article 91, paragraph 1 (b), shall be those prescribed in Rule 27a,
paragraphs 1 to 3, Rule 32, paragraphs 1 and 2, Rule 35, paragraphs 2 to 11 and
14, and Rule 36, paragraphs 2 and 4.
Rule 41 - Rectification of deficiencies in the application documents
(1) If the examination provided for in Article 91, paragraph 1 (a) to (d),
reveals deficiencies in the European patent application, the Receiving Section
shall inform the applicant accordingly and invite him to remedy the
deficiencies within such period as it shall specify. The description, claims
and drawings may be amended only to an extent sufficient to remedy the
disclosed deficiencies in accordance with the observations of the Receiving
Section.
(2) Paragraph 1 shall not apply where the applicant, while claiming priority,
has omitted to indicate on filing the European patent application the date or
State of first filing.
(3) Paragraph 1 shall not apply where the examination reveals that the date of
the first filing given on filing the European patent application precedes the
date of filing of the European patent application by more than one year. In
this event the Receiving Section shall inform the applicant that there will be
no right of priority for the application unless, within one month, the applicant
indicates a corrected date, lying within the year preceding the date of filing
of the European patent application.
Rule 42 - Subsequent identification of the inventor
(1) If the examination provided for in Article 91, paragraph 1 (f), reveals
that the inventor has not been identified in accordance with the provisions of
Rule 17, the Receiving Section shall inform the applicant that the European
patent application shall be deemed to be withdrawn unless this deficiency is
corrected within the period prescribed by Article 91, paragraph 5.
(2) In the case of a European divisional application or a new European patent
application filed pursuant to Article 61, paragraph 1(b), the time limit for
identifying the inventor may in no case expire before two months after the
communication referred to in paragraph 1, which shall state the time limit.
Rule 43 - Late-filed or missing drawings
(1) If the examination provided for in Article 91, paragraph 1(g), reveals that
the drawings were filed later than the date of filing of the European patent
application, the Receiving Section shall inform the applicant that the drawings
and the references to the drawings in the European patent application shall be
deemed to be deleted unless the applicant requests within a period of one month
that the application be re-dated to the date on which the drawings were filed.
(2) If the examination reveals that the drawings were not filed, the Receiving
Section shall invite him to file them within one month and inform him that the
application will be re-dated to the date on which they are filed, or, if they
are not filed in due time, any reference to them in the application shall be
deemed to be deleted.
(3) The applicant shall be informed of any new date of filing of the application.
Chapter II - European search report
Rule 44 - Content of the European search report
(1) The European search report shall mention those documents, available to the
European Patent Office at the time of drawing up the report, which may be taken
into consideration in deciding whether the invention to which the European
patent application relates is new and involves an inventive step.
(2) Each citation shall be referred to the claims to which it relates. If
necessary, the relevant parts of the documents cited shall be identified (for
example, by indicating the page, column and lines or the diagrams).
(3) The European search report shall distinguish between cited documents
published before the date of priority claimed, between such date of priority
and the date of filing, and on or after the date of filing.
(4) Any document which refers to an oral disclosure, a use or any other means
of disclosure which took place prior to the date of filing of the European
patent application shall be mentioned in the European search report, together
with an indication of the date of publication, if any, of the document and the
date of the non-written disclosure.
(5) The European search report shall be drawn up in the language of the
proceedings.
(6) The European search report shall contain the classification of the
subject-matter of the European patent application in accordance with the
international classification.
Rule 45 - Incomplete search
If the Search Division considers that the European patent application does not
comply with the provisions of the Convention to such an extent that it is not
possible to carry out a meaningful search into the state of the art on the
basis of all or some of the claims, it shall either declare that search is not
possible or shall, so far as is practicable, draw up a partial European search
report. The declaration and the partial report referred to shall be considered,
for the purposes of subsequent proceedings, as the European search report.
Rule 46 - European search report where the invention lacks unity
(1) If the Search Division considers that the European patent application does
not comply with the requirement of unity of invention, it shall draw up a
partial European search report on those parts of the European patent
application which relate to the invention, or the group of inventions within
the meaning of Article 82, first mentioned in the claims. It shall inform the
applicant that if the European search report is to cover the other inventions,
a further search fee must be paid, for each invention involved, within a period
to be fixed by the Search Division which must not be shorter than two weeks and
must not exceed six weeks. The Search Division shall draw up the European
search report for those parts of the European patent application which relate
to inventions in respect of which search fees have been paid.
(2) Any fee which has been paid under paragraph 1 shall be refunded if, during
the examination of the European patent application by the Examining Division,
the applicant requests a refund and the Examining Division finds that the
communication referred to in the said paragraph was not justified.
Rule 47 - Definitive content of the abstract
(1) At the same time as drawing up the European search report, the Search
Division shall determine the definitive content of the abstract.
(2) The definitive content of the abstract shall be transmitted to the
applicant together with the European search report.
Chapter III - Publication of the European patent application
Rule 48 - Technical preparations for publication
(1) The President of the European Patent Office shall determine when the
technical preparations for publication of the European patent application are
to be deemed to have been completed.
(2) The European patent application shall not be published if it has been
finally refused or withdrawn or deemed to be withdrawn before the termination
of the technical preparations for publication.
Rule 49 - Form of the publication of European patent applications and European
search reports
(1) The President of the European Patent Office shall prescribe the form of the
publication of the European patent application and the data which are to be
included. The same shall apply where the European search report and the
abstract are published separately. The President of the European Patent Office
may lay down special conditions for the publication of the abstract.
(2) The designated Contracting States shall be specified in the published
European patent application.
(3) If, before the termination of the technical preparations for publication of
the European patent application, the claims have been amended pursuant to Rule
86, paragraph 2, the new or amended claims shall be included in the publication
in addition to the original claims.
Rule 50 - Information about publication
(1) The European Patent Office shall communicate to the applicant the date on
which the European Patent Bulletin mentions the publication of the European
search report and shall draw his attention in this communication to the
provisions of Article 94, paragraphs 2 and 3.
(2) The applicant may not invoke the omission of the communication provided for
in paragraph 1. If a later date than the date of the mention of the publication
is specified in the communication, the later date shall be the decisive date as
regards the time limit for filing the request for examination unless the error
is apparent.
Chapter IV - Examination by the Examining Division
Rule 51- Examination procedure
(1) In the invitation pursuant to Article 96, paragraph 1, the European Patent
Office shall invite the applicant, if he wishes, to comment on the European
search report and to amend, where appropriate, the description, claims and
drawings.
(2) In any invitation pursuant to Article 96, paragraph 2, the Examining
Division shall, where appropriate, invite the applicant to correct the
disclosed deficiencies and, where necessary, to file the description, claims
and drawings in an amended form.
(3) Any communication pursuant to Article 96, paragraph 2, shall contain a
reasoned statement covering, where appropriate, all the grounds against the
grant of the European patent.
(4) Before the Examining Division decides to grant the European patent, it
shall inform the applicant of the text in which it intends to grant it and
shall request him to indicate, within a period to be set by it which may not be
less than two months or more than four months, his approval of the text
notified. The period shall be extended once by a maximum of two months provided
the applicant so requests before it expires.
(5) If the applicant fails to communicate his approval within the period
according to paragraph 4, the European patent application shall be refused. If
within this period the applicant proposes amendments to the claims, description
or drawings to which the Examining Division does not consent under Rule 86,
paragraph 3, the Examining Division shall, before taking a decision, request
the applicant to submit his observations within a period it shall specify and
shall state its reasons for so doing.
(6) If it is established that the applicant approves the text in which the
Examining Division, taking account of any proposed amendments (Rule
86,paragraph 3), intends to grant the European patent, it shall invite him to
pay, within a non-extendable period to be set by it which may not be less than
two months or more than three months, the fees for grant and printing and shall
also invite him to file within the same period a translation of the claims in
the two official languages of the European Patent Office other than the
language of the proceedings.
(7) If the European patent application in the text in which the Examining
Division intends to grant the European patent comprises more than ten claims,
the Examining Division shall invite the applicant to pay claims fees in respect
of each additional claim within the period laid down in paragraph 6unless the
said fees have already been paid in accordance with Rule 31, paragraph 1.
(8) If the fee for grant, the fee for printing or the claims fees are not paid
in due time or if the translation is not filed in due time, the European patent
application is deemed to be withdrawn.
(9) If a renewal fee becomes due after the invitation referred to in paragraph
6 has been notified and before the next possible date for publication of the
mention of the grant of the European patent, the mention shall not be published
until the renewal fee has been paid. The applicant shall be notified accordingly.
(10) The communication of the Examining Division under paragraph 6 shall
indicate the designated Contracting States which require a translation pursuant
to Article 65, paragraph 1.
(11) The decision to grant the European patent shall state which text of the
European patent application forms the basis for the grant of the European
patent.
Rule 52 - Grant of the European patent to different applicants
Where different persons are entered in the Register of European Patents as
applicants in respect of different Contracting States, the Examining Division
shall grant the European patent for each Contracting State to the applicant or
applicants registered in respect of that State.
Chapter V - The European patent specification
Rule 53 - Technical preparations for publication and form of the specification
of the European patent
Rules 48 and 49, paragraphs 1 and 2, shall apply mutatis mutandis to the
specification of the European patent. The specification shall also contain an
indication of the time limit for opposing the European patent.
Rule 54 - Certificate for a European patent
(1) As soon as the specification of the European patent has been published the
European Patent Office shall issue to the proprietor of the patent a
certificate for a European patent, to which the specification shall be annexed.
The certificate shall certify that the patent has been granted, in respect of
the invention described in the patent specification, to the person named in the
certificate, for the Contracting States designated in the specification.
(2) The proprietor of the patent may request that duplicate copies of the
European patent certificate be supplied to him upon payment of an
administrative fee.
PART V - IMPLEMENTING REGULATIONS TO PART V OF THE CONVENTION
Rule 55 - Content of the notice of opposition
The notice of opposition shall contain:
(a) the name and address of the opponent and the State in which his residence
or principal place of business is located, in accordance with the provisions of
Rule 26, paragraph 2(c);
(b) the number of the European patent against which opposition is filed, and
the name of the proprietor and title of the invention;
(c) a statement of the extent to which the European patent is opposed and of
the grounds on which the opposition is based as well as an indication of the
facts, evidence and arguments presented in support of these grounds;
(d) if the opponent has appointed a representative, his name and the address of
his place of business, in accordance with the provisions of Rule 26,paragraph
2(c).
Rule 56 - Rejection of the notice of opposition as inadmissible
(1) If the Opposition Division notes that the notice of opposition does not
comply with the provisions of Article 99, paragraph 1, Rule 1, paragraph 1, and
Rule 55, sub paragraph (c), or does not provide sufficient identification of
the patent against which opposition has been filed, it shall reject the notice
of opposition as inadmissible unless these deficiencies have been remedied
before expiry of the opposition period.
(2) If the Opposition Division notes that the notice of opposition does not
comply with provisions other than those mentioned in paragraph 1, it shall
communicate this to the opponent and shall invite him to remedy the deficiencies
noted within such period as it may specify. If the notice of opposition is not
corrected in good time the Opposition Division shall reject it as inadmissible.
(3) Any decision to reject a notice of opposition as inadmissible shall be
communicated to the proprietor of the patent, together with a copy of the
notice.
Rule 57 - Preparation of the examination of the opposition
(1) The Opposition Division shall communicate the opposition to the proprietor
of the patent and shall invite him to file his observations and to file
amendments, where appropriate, to the description, claims and drawings within a
period to be fixed by the Opposition Division.
(2) If several notices of opposition have been filed, the Opposition Division
shall communicate them to the other opponents at the same time as the
communication provided for under paragraph 1.
(3) The observations and any amendments filed by the proprietor of the patent
shall be communicated to the other parties concerned who shall be invited by
the Opposition Division, if it considers it expedient, to reply within a period
to be fixed by the Opposition Division.
(4) In the case of a notice of intervention in opposition proceedings the
Opposition Division may dispense with the application of paragraphs 1 to 3.
Rule 57a - Amendment of the European patent
Without prejudice to Rule 87, the description, claims and drawings may be
amended, provided that the amendments are occasioned by grounds for opposition
specified in Article 100, even if the respective ground has not been invoked by
the opponent.
Rule 58 - Examination of opposition
(1) All communications issued pursuant to Article 101, paragraph 2, and all
replies thereto shall be communicated to all parties.
(2) In any communication to the proprietor of the European patent pursuant to
Article 101, paragraph 2, he shall, where appropriate, be invited to file,
where necessary, the description, claims and drawings in amended form.
(3) Where necessary, any communication to the proprietor of the European patent
pursuant to Article 101, paragraph 2, shall contain a reasoned statement. Where
appropriate, this statement shall cover all the grounds against the maintenance
of the European patent.
(4) Before the Opposition Division decides on the maintenance of the European
patent in the amended form, it shall inform the parties that it intends to
maintain the patent as amended and shall invite them to state their
observations within a period of two months if they disapprove of the text in
which it is intended to maintain the patent.
(5) If disapproval of the text communicated by the Opposition Division is
expressed, examination of the opposition may be continued; otherwise, the
Opposition Division shall, on expiry of the period referred to in paragraph4, request
the proprietor of the patent to pay, within three months, the fee for the
printing of a new specification of the European patent and to file a
translation of any amended claims in the two official languages of the European
Patent Office other than the language of the proceedings.
(6) If the acts requested under paragraph 5 are not performed in due time they
may still be validly performed within two months of notification of a
communication pointing out the failure to observe the time limit, provided that
within this two-month period a surcharge equal to twice the fee for printing a
new specification of the European patent is paid.
(7) The communication of the Opposition Division under paragraph 5 shall
indicate the designated Contracting States which require a translation pursuant
to Article 65, paragraph 1.
(8) The decision to maintain the European patent as amended shall state which
text of the European patent forms the basis for the maintenance thereof.
Rule 59 - Requests for documents
Documents referred to by a party to opposition proceedings shall be filed
together with the notice of opposition or the written submissions in two
copies. If such documents are neither enclosed nor filed in due time upon
invitation by the European Patent Office, it may decide not to take into
account any arguments based on them.
Rule 60 - Continuation of the opposition proceedings by the European Patent
Office of its own motion
(1) If the European patent has been surrendered or has lapsed for all the designated
States, the opposition proceedings may be continued at the request of the
opponent filed within two months as from a notification by the European Patent
Office of the surrender or lapse.
(2) In the event of the death or legal incapacity of an opponent, the
opposition proceedings may be continued by the European Patent Office of its
own motion, even without the participation of the heirs or legal
representatives. The same shall apply when the opposition is withdrawn.
Rule 61 - Transfer of the European patent
Rule 20 shall apply mutatis mutandis to any transfer of the European patent
made during the opposition period or during opposition proceedings.
Rule 61a - Documents in opposition proceedings
Part III, Chapter II, of the Implementing Regulations shall apply mutatis
mutandis to documents filed in opposition proceedings.
Rule 62 - Form of the new specification of the European patent in opposition
proceedings
Rule 49, paragraphs 1 and 2, shall apply mutatis mutandis to the new
specification of the European patent.
Rule 62a - New certificate for a European patent
Rule 54 shall apply mutatis mutandis to the new specification of the European
patent.
Rule 63 - Costs
(1) Apportionment of costs shall be dealt with in the decision on the opposition.
Such apportionment shall only take into consideration the expenses necessary to
assure proper protection of the rights involved. The costs shall include the
remuneration of the representatives of the parties.
(2) A bill of costs, with supporting evidence, shall be attached to the request
for the fixing of costs. The request shall only be admissible if the decision
in respect of which the fixing of costs is required has become final. Costs may
be fixed once their credibility is established.
(3) The request for a decision by the Opposition Division on the awarding of
costs by the registry, stating the reasons on which it is based, must be filed
in writing to the European Patent Office within one month after the date of
notification of the awarding of costs. It shall not be deemed to be filed until
the fee for the awarding of costs has been paid.
(4) The Opposition Division shall take a decision on the request referred to in
paragraph 3 without oral proceedings.
PART VI - IMPLEMENTING REGULATIONS TO PART VI OF THE CONVENTION
Rule 64 - Content of the notice of appeal
The notice of appeal shall contain:
(a) the name and address of the appellant in accordance with the provisions of
Rule 26, paragraph 2(c);
(b) a statement identifying the decision which is impugned and the extent to
which amendment or cancellation of the decision is requested.
Rule 65 - Rejection of the appeal as inadmissible
(1) If the appeal does not comply with Articles 106 to 108 and with Rule 1,
paragraph 1, and Rule 64, sub-paragraph (b), the Board of Appeal shall reject
it as inadmissible, unless each deficiency has been remedied before the
relevant time limit laid down in Article 108 has expired.
(2) If the Board of Appeal notes that the appeal does not comply with the
provisions of Rule 64, sub-paragraph (a), it shall communicate this to the
appellant and shall invite him to remedy the deficiencies noted within such
period as it may specify. If the appeal is not corrected in good time, the
Board of Appeal shall reject it as inadmissible.
Rule 66 - Examination of appeals
(1) Unless otherwise provided, the provisions relating to proceedings before
the department which has made the decision from which the appeal is brought
shall be applicable to appeal proceedings mutatis mutandis.
(2) The written decision shall be signed by the Chairman of the Board of Appeal
and by the competent employee of the registry of the Board of Appeal. The
decision shall contain:
(a) a statement that it is delivered by the Board of Appeal;
(b) the date when the decision was taken;
(c) the names of the Chairman and of the other members of the Board of Appeal
taking part;
(d) the names of the parties and their representatives;
(e) a statement of the issues to be decided;
(f) a summary of the facts;
(g) the reasons;
(h) the order of the Board of Appeal, including, where appropriate, a decision
on costs.
Rule 67 - Reimbursement of appeal fees
The reimbursement of appeal fees shall be ordered in the event of interlocutory
revision or where the Board of Appeal deems an appeal to be allowable, if such
reimbursement is equitable by reason of a substantial procedural violation. In
the event of interlocutory revision, reimbursement shall be ordered by the
department whose decision has been impugned and, in other cases, by the Board
of Appeal.
PART VII - IMPLEMENTING REGULATIONS TO PART VII OF THE CONVENTION
Chapter I - Decisions and communications of the European Patent Office
Rule 68 - Form of decisions
(1) Where oral proceedings are held before the European Patent Office, the
decision may be given orally. Subsequently the decision in writing shall be
notified to the parties.
(2) Decisions of the European Patent Office which are open to appeal shall be
reasoned and shall be accompanied by a written communication of the possibility
of appeal. The communication shall also draw the attention of the parties to
the provisions laid down in Articles 106 to 108, the text of which shall be
attached. The parties may not invoke the omission of the communication.
Rule 69 - Noting of loss of rights
(1) If the European Patent Office notes that the loss of any right results from
the Convention, without any decision concerning the refusal of the European
patent application or the grant, revocation or maintenance of the European
patent, or the taking of evidence, it shall communicate this to the person
concerned in accordance with the provisions of Article 119.
(2) If the person concerned considers that the finding of the European Patent
Office is inaccurate, he may, within two months after notification of the
communication referred to in paragraph 1, apply for a decision on the matter by
the European Patent Office. Such decision shall be given only if the European
Patent Office does not share the opinion of the person requesting it; otherwise
the European Patent Office shall inform the person requesting the decision.
Rule 70 - Signature, name, seal
(1) Any decision, communication and notice from the European Patent Office is
to be signed by and to state the name of the employee responsible.
(2) Where the documents mentioned in paragraph 1 are produced by the employee
responsible using a computer, a seal may replace the signature. Where the
documents are produced automatically by a computer the employee's name may also
be dispensed with. The same applies to pre-printed notices and communications.
Chapter II - Oral proceedings and taking of evidence
Rule 71 - Summons to oral proceedings
(1) The parties shall be summoned to oral proceedings provided for in Article
116 and their attention shall be drawn to paragraph 2 of this Rule. At least
two months' notice of the summons shall be given unless the parties agree to a
shorter period.
(2) If a party who has been duly summoned to oral proceedings before the
European Patent Office does not appear as summoned, the proceedings may
continue without him.
Rule 71a - Preparation of oral proceedings
(1) When issuing the summons, the European Patent Office shall draw attention
to the points which in its opinion need to be discussed for the purposes of the
decision to be taken. At the same time a final date for making written
submissions in preparation for the oral proceedings shall be fixed. Rule
84shall not apply. New facts and evidence presented after that date need not be
considered, unless admitted on the grounds that the subject of the proceedings
has changed.
(2) If the applicant or patent proprietor has been notified of the grounds
prejudicing the grant or maintenance of the patent, he may be invited to
submit, by the date specified in paragraph 1, second sentence, documents which
meet the requirements of the Convention. Paragraph 1, third and fourth
sentences, shall apply mutatis mutandis.
Rule 72 - Taking of evidence by the European Patent Office
(1) Where the European Patent Office considers it necessary to hear the oral
evidence of parties, witnesses or experts or to carry out an inspection, it
shall make a decision to this end, setting out the investigation which it
intends to carry out, relevant facts to be proved and the date, time and place
of the investigation. If oral evidence of witnesses and experts is requested by
a party, the decision of the European Patent Office shall determine the period
of time within which the party filing the request must make known to the
European Patent Office the names and addresses of the witnesses and experts
whom it wishes to be heard.
(2) At least two months' notice of a summons issued to a party, witness or
expert to give evidence shall be given unless they agree to a shorter period.
The summons shall contain:
(a) an extract from the decision mentioned in paragraph 1, indicating in
particular the date, time and place of the investigation ordered and stating
the facts regarding which parties, witnesses and experts are to be heard;
(b) the names of the parties to the proceedings and particulars of the rights
which the witnesses or experts may invoke under the provisions of Rule
74,paragraphs 2 to 4;
(c) an indication that the party, witness or expert may request to be heard by
the competent court of his country of residence and a requirement that he
inform the European Patent Office within a time limit to be fixed by the Office
whether he is prepared to appear before it.
(3) Before a party, witness or expert may be heard, he shall be informed that
the European Patent Office may request the competent court in the country of
residence of the person concerned to re-examine his evidence on oath or in an
equally binding form.
(4) The parties may attend an investigation and may put relevant questions to
the testifying parties, witnesses and experts.
Rule 73 - Commissioning of experts
(1) The European Patent Office shall decide in what form the report made by an
expert whom it appoints shall be submitted.
(2) The terms of reference of the expert shall include:
(a) a precise description of his task;
(b) the time limit laid down for the submission of the expert report;
(c) the names of the parties to the proceedings;
(d) particulars of the rights which he may invoke under the provisions of Rule
74, paragraphs 2 to 4.
(3) A copy of any written report shall be submitted to the parties.
(4) The parties may object to an expert. The department of the European Patent
Office concerned shall decide on the objection.
Rule 74 - Costs of taking of evidence
(1) The taking of evidence by the European Patent Office may be made
conditional upon deposit with it, by the party who requested the evidence to be
taken, of a sum the amount of which shall be fixed by reference to an estimate
of the costs.
(2) Witnesses and experts who are summoned by and appear before the European
Patent Office shall be entitled to appropriate reimbursement of expenses for
travel and subsistence. An advance for these expenses may be granted to them.
The first sentence shall apply to witnesses and experts who appear before the
European Patent Office without being summoned by it and are heard as witnesses
or experts.
(3) Witnesses entitled to reimbursement under paragraph 2 shall also be
entitled to appropriate compensation for loss of earnings, and experts to fees
for their work. These payments shall be made to the witnesses and experts after
they have fulfilled their duties or tasks.
(4) The Administrative Council shall lay down the details governing the
implementation of the provisions of paragraphs 2 and 3. Payment of amounts due
pursuant to these paragraphs shall be made by the European Patent Office.
Rule 75 - Conservation of evidence
(1) On request, the European Patent Office may, without delay, hear oral
evidence or conduct inspections, with a view to conserving evidence of facts
liable to affect a decision which it may be called upon to take with regard to
an existing European patent application or a European patent, where there is
reason to fear that it might subsequently become more difficult or even
impossible to take evidence. The date on which the measures are to be taken
shall be communicated to the applicant for or proprietor of the patent insufficient
time to allow him to attend. He may ask relevant questions.
(2) The request shall contain:
(a) the name and address of the person filing the request and the State in
which his residence or principal place of business is located, in accordance
with the provisions of Rule 26, paragraph 2(c);
(b) sufficient identification of the European patent application or European
patent in question;
(c) the designation of the facts in respect of which evidence is to be taken;
(d) particulars of the way in which evidence is to be taken;
(e) a statement establishing a prima facie case for fearing that it might
subsequently become more difficult or impossible to take evidence.
(3) The request shall not be deemed to have been filed until the fee for
conservation of evidence has been paid.
(4) The decision on the request and any resulting taking of evidence shall be
incumbent upon the department of the European Patent Office required to take
the decision liable to be affected by the facts to be established. The provisions
of the Convention with regard to the taking of evidence in proceedings before
the European Patent Office shall be applicable.
Rule 76 - Minutes of oral proceedings and of taking of evidence
(1) Minutes of oral proceedings and of the taking of evidence shall be drawn up
containing the essentials of the oral proceedings or of the taking of evidence,
the relevant statements made by the parties, the testimony of the parties,
witnesses or experts and the result of any inspection.
(2) The minutes of the testimony of a witness, expert or party shall be read
out or submitted to him so that he may examine them. It shall be noted in the
minutes that this formality has been carried out and that the person who gave
the testimony approved the minutes. If his approval is not given, his
objections shall be noted.
(3) The minutes shall be signed by the employee who drew them up and by the
employee who conducted the oral proceedings or taking of evidence.
(4) The parties shall be provided with a copy of the minutes.
Chapter III - Notifications
Rule 77 - General provisions on notifications
(1) In proceedings before the European Patent Office, any notification to be
made shall take the form either of the original document, a copy thereof
certified by, or bearing the seal of, the European Patent Office or a computer
print out bearing such seal. Copies of documents emanating from the parties
themselves shall not require such certification.
(2) Notification shall be made:
(a) by post in accordance with Rule 78;
(b) by delivery on the premises of the European Patent Office in accordance
with Rule 79;
(c) by public notice in accordance with Rule 80, or
(d) by such technical means of communication as determined by the President of
the European Patent Office and under the conditions laid down by him governing
their use.
(3) Notification through the central industrial property office of a
Contracting State shall be made in accordance with the provisions applicable to
the said office in national proceedings.
Rule 78- Notification by post
(1) Decisions incurring a time limit for appeal, summonses and other documents
as decided on by the President of the European Patent Office shall be notified
by registered letter with advice of delivery. All other notifications by post,
except those referred to in paragraph 2, shall be by registered letter.
(2) Notifications in respect of addressees not having either a residence or
their principal places of business within the territory of one of the
Contracting States and who have not appointed a representative in accordance
with Article 133, paragraph 2, shall be effected by posting the document to be
notified as an ordinary letter bearing the last address of the addressee known
to the European Patent Office. Notification shall be deemed to have been made
when despatch has taken place, even if the letter is returned to the sender
owing to the impossibility of delivering it to the addressee.
(3) Where notification is effected by registered letter, whether or not with advice
of delivery, this shall be deemed to be delivered to the addressee on the tenth
day following its posting, unless the letter has failed to reach the addressee
or has reached him at a later date; in the event of any dispute, it shall be
incumbent on the European Patent Office to establish that the letter has
reached its destination or to establish the date on which the letter was
delivered to the addressee, as the case may be.
(4) Notification by registered letter, whether or not with advice of delivery,
shall be deemed to have been effected even if acceptance of the letter has been
refused.
(5) To the extent that notification by post is not covered by the provisions of
this Rule, the law of the State on the territory of which the notification is
made shall apply.
Rule 79 - Notification by delivery by hand
Notification may be effected on the premises of the European Patent Office by
delivery by hand of the document to the addressee, who shall on delivery
acknowledge its receipt. Notification shall be deemed to have taken place even
if the addressee refuses to accept the document or to acknowledge receipt
thereof.
Rule 80 - Public notification
(1) If the address of the addressee cannot be established, or if notification
in accordance with Rule 78, paragraph 1, has proved to be impossible even after
a second attempt by the European Patent Office, notification shall be effected
by public notice.
(2) The President of the European Patent Office shall determine how the public
notice is to be given and the beginning of the period of one month on the
expiry of which the document shall be deemed to have been notified.
Rule 81 - Notification to representatives
(1) If a representative has been appointed, notifications shall be addressed to
him.
(2) If several such representatives have been appointed for a single interested
party, notification to any one of them shall be sufficient.
(3) If several interested parties have a common representative, notification of
a single document to the common representative shall be sufficient.
Rule 82 - Irregularities in the notification
Where a document has reached the addressee, if the European Patent Office is
unable to prove that it has been duly notified, or if provisions relating to
its notification have not been observed, the document shall be deemed to have
been notified on the date established by the European Patent Office as the date
of receipt.
Chapter IV - Time limits
Rule 83 - Calculation of time limits
(1) Periods shall be laid down in terms of full years, months, weeks or days.
(2) Computation shall start on the day following the day on which the relevant
event occurred, the event being either a procedural step or the expiry of
another period. Where the procedural step is a notification, the event
considered shall be the receipt of the document notified, unless otherwise
provided.
(3) When a period is expressed as one year or a certain number of years, it
shall expire in the relevant subsequent year in the month having the same name
and on the day having the same number as the month and the day on which the
said event occurred, provided that if the relevant subsequent month has no day
with the same number the period shall expire on the last day of that month.
(4) When a period is expressed as one month or a certain number of months, it
shall expire in the relevant subsequent month on the day which has the same
number as the day on which the said event occurred, provided that if the
relevant subsequent month has no day with the same number the period shall
expire on the last day of that month.
(5) When a period is expressed as one week or a certain number of weeks, it
shall expire in the relevant subsequent week on the day having the same name as
the day on which the said event occurred.
Rule 84 - Duration of time limits
Where the Convention or these Implementing Regulations specify a period to be
determined by the European Patent Office, such period shall be not less than
two months nor more than four months; in certain special circumstances it may
be up to six months. In certain special cases, the period may be extended upon
request, presented before the expiry of such period.
Rule 85 - Extension of time limits
(1) If a time limit expires on a day on which one of the filing offices of the
European Patent Office in the sense of Article 75, paragraph 1 (a) is not open
for receipt of documents or on which, for reasons other than those referred to
in paragraph 2, ordinary mail is not delivered there, the time limit shall
extend until the first day thereafter on which all the filing offices are open
for receipt of documents and on which ordinary mail is delivered.
(2) If a time limit expires on a day on which there is a general interruption
or subsequent dislocation in the delivery of mail in a Contracting State or
between a Contracting State and the European Patent Office, the time limit
shall extend to the first day following the end of the period of interruption
or dislocation for parties resident in the State concerned or who have appointed
representatives with a place of business in that State. The first sentence
shall apply mutatis mutandis to the period referred to in Article 77, paragraph
5. In the case where the State concerned is the State in which the European
Patent Office is located, this provision shall apply to all parties. The
duration of the above-mentioned period shall be as stated by the President of
the European Patent Office.
(3) Paragraphs 1 and 2 shall apply mutatis mutandis to the time limits provided
for in the Convention in the case of transactions carried out with the
competent authority in accordance with Article 75, paragraph 1(b) or paragraph
2 (b).
(4) If an exceptional occurrence such as a natural disaster or strike
interrupts or dislocates the proper functioning of the European Patent Office
so that any communication from the Office to parties concerning the expiry of a
time limit is delayed, acts to be completed within such a time limit may still
be validly completed within one month after the notification of the delayed
communication. The date of commencement and the end of any such interruption or
dislocation shall be as stated by the President of the European Patent Office.
Rule 85a - Period of grace for payment of fees
(1) If the filing fee, the search fee, a designation fee or the national basic
fee have not been paid within the time limits provided for in Article78,
paragraph 2, Article 79, paragraph 2, Rule 15, paragraph 2, Rule 25, paragraph
2, or Rule 104b, paragraph 1 (b) and (c), they may still be validly paid within
a period of grace of one month of notification of a communication pointing out
the failure to observe the time limit, provided that within this period a
surcharge is paid.
(2) Designation fees in respect of which the applicant has dispensed with
notification under paragraph 1 may still be validly paid within a period of
grace of two months of expiry of the normal time limits referred to in
paragraph 1, provided that within this period a surcharge is paid.
Rule 85b - Period of grace for the filing of the request for examination
If the request for examination has not been filed within the time limit
provided for in Article 94, paragraph 2, or Rule 104b, paragraph 1(d), it may
still be validly filed within a period of grace of one month of notification of
a communication pointing out the failure to observe the time limit, provided
that within this period a surcharge is paid.
Chapter V - Amendments and corrections
Rule 86 - Amendment of the European patent application
(1) Before receiving the European search report the applicant may not amend the
description, claims or drawings of a European patent application except where
otherwise provided.
(2) After receiving the European search report and before receipt of the first
communication from the Examining Division, the applicant may, of his own
volition, amend the description, claims and drawings.
(3) After receipt of the first communication from the Examining Division the
applicant may, of his own volition, amend once the description, claims and
drawings provided that the amendment is filed at the same time as the reply to
the communication. No further amendment may be made without the consent of the
Examining Division.
(4) Amended claims may not relate to unsearched subject matter which does not
combine with the originally claimed invention or group of inventions to form a
single general inventive concept.
Chapter V - Amendments and corrections
Rule 87- Different claims, description and drawings for different States
If the European Patent Office notes that, in respect of one or some of the
designated Contracting States, the content of an earlier European patent
application forms part of the state of the art pursuant to Article
54,paragraphs 3 and 4, or if it is informed of the existence of a prior right
under Article 139, paragraph 2, the European patent application or European
patent may contain for such State or States claims and, if the European Patent
Office considers it necessary, a description and drawings which are different
from those for the other designated Contracting States.
Rule 88 - Correction of errors in documents filed with the European Patent
Office
Linguistic errors, errors of transcription and mistakes in any document filed
with the European Patent Office may be corrected on request. However, if the
request for such correction concerns a description, claims or drawings, the
correction must be obvious in the sense that it is immediately evident that
nothing else would have been intended than what is offered as the correction.
Rule 89 - Correction of errors in decisions
In decisions of the European Patent Office, only linguistic errors, errors of
transcription and obvious mistakes may be corrected.
Chapter VI - Interruption of proceedings
Rule 90 - Interruption of proceedings
(1) Proceedings before the European Patent Office shall be interrupted:
(a) in the event of the death or legal incapacity of the applicant for or
proprietor of a European patent or of the person authorised by national law to
act on his behalf. To the extent that the above events do not affect the
authorisation of a representative appointed under Article 134, proceedings
shall be interrupted only on application by such representative;
(b) in the event of the applicant for or proprietor of a European patent, as a
result of some action taken against his property, being prevented by legal
reasons from continuing the proceedings before the European Patent Office;
(c) in the event of the death or legal incapacity of the representative of an
applicant for or proprietor of a European patent or of his being prevented for
legal reasons resulting from action taken against his property from continuing
the proceedings before the European Patent Office.
(2) When, in the cases referred to in paragraph 1 (a) and (b), the European
Patent Office has been informed of the identity of the person authorised to
continue the proceedings before the European Patent Office, the European Patent
Office shall communicate to such person and to any interested third party that
the proceedings shall be resumed as from a date to be fixed by the European
Patent Office.
(3) In the case referred to in paragraph 1(c), the proceedings shall be resumed
when the European Patent Office has been informed of the appointment of a new
representative of the applicant or when the European Patent Office has notified
to the other parties the communication of the appointment of a new
representative of the proprietor of the patent. If, three months after the
beginning of the interruption of the proceedings, the European Patent Office
has not been informed of the appointment of a new representative, it shall
communicate to the applicant for or proprietor of the patent:
(a) where Article 133, paragraph 2, is applicable, that the European patent
application will be deemed to be withdrawn or the European patent will be
revoked if the information is not submitted within two months after this
communication is notified, or
(b) where Article 133, paragraph 2, is not applicable, that the proceedings
will be resumed with the applicant for or proprietor of the patent as from the
date on which this communication is notified.
(4) The time limits, other than the time limit for making a request for
examination and the time limit for paying the renewal fees, in force as regards
the applicant for or proprietor of the patent at the date of interruption of
the proceedings, shall begin again as from the day on which the proceedings are
resumed. If such date is less than two months before the end of the period
within which the request for examination must be filed, such a request may be
filed up to the end of two months after such date.
Chapter VII - Waiving of enforced recovery procedures
Rule 91 - Waiving of enforced recovery procedures
The President of the European Patent Office may waive action for the enforced
recovery of any sum due if the sum to be recovered is minimal or if such
recovery is too uncertain.
Chapter VIII - Information to the public
Rule 92 - Entries in the Register of European Patents
(1) The Register of European Patents shall contain the following entries:
(a) number of the European patent application;
(b) date of filing of the European patent application;
(c) title of the invention;
(d) classification code given to the European patent application;
(e) the Contracting States designated;
(f) family name, given names, address and the State in which the residence or
principal place of business of the applicant for or proprietor of the European
patent is located;
(g) family name, given names and address of the inventor designated by the
applicant for or proprietor of the patent unless he has renounced his title as
inventor under Rule 18, paragraph 3;
(h) family name, given names and address of the place of business of the
representative of the applicant for or proprietor of the patent referred to in
Article 134; in the case of several representatives only the family name, given
names and address of the place of business of the representative first named, followed
by the words ``and others'', shall be entered; however, in the case of an
association referred to in Rule 101, paragraph 9, only the name and address of
the association shall be entered;
(i) priority data (date, State and file number of the previous application);
(j) in the event of a division of the European patent application, the numbers
of the European divisional applications;
(k) in the case of European divisional applications and a new European patent
application under Article 61, paragraph 1(b), the information referred to under
sub-paragraphs (a), (b) and (i) with regard to the earlier European patent
application;
(l) date of publication of the European patent application and where
appropriate date of the separate publication of the European search report;
(m) date of filing of the request for examination;
(n) date on which the European patent application is refused, withdrawn or
deemed to be withdrawn;
(o) date of publication of the mention of the grant of the European patent;
(p) date of lapse of the European patent in a Contracting State during the
opposition period and, where appropriate, pending a final decision on
opposition;
(q) date of filing opposition;
(r) date and purport of the decision on opposition;
(s) dates of suspension and resumption of proceedings in the cases referred to
in Rule 13;
(t) dates of interruption and resumption of proceedings in the case referred to
in Rule 90;
(u) date of re-establishment of rights provided that an entry has been made in
accordance with sub-paragraph (n) or sub-paragraph (r);
(v) the filing of a request to the European Patent Office pursuant to Article
135;
(w) rights and transfer of such rights over a European patent application or
European patent where these are recorded pursuant to these Implementing
Regulations.
(2) The President of the European Patent Office may decide that entries other
than those referred to in paragraph 1 shall be made in the Register of European
Patents.
(3) Extracts from the Register of European Patents shall be delivered on
request on payment of an administrative fee.
Rule 93 - Parts of the file not for inspection
The parts of the file which shall be excluded from inspection pursuant to
Article 128, paragraph 4, shall be:
(a) the documents relating to the exclusion of or objections to members of the
Boards of Appeal or of the Enlarged Board of Appeal;
(b) draft decisions and opinions, and all other documents, used for the
preparation of decisions and opinions, which are not communicated to the parties;
(c) the designation of the inventor if he has renounced his title as inventor
under Rule 18, paragraph 3;
(d) any other document excluded from inspection by the President of the
European Patent Office on the ground that such inspection would not serve the
purpose of informing the public about the European patent application or the
resulting patent.
Rule 94 - Procedures for the inspection of files
(1) Inspection of the files of European patent applications and of European
patents shall either be of the original document, or of copies thereof, or of
technical means of storage if the files are stored in this way. The means of
inspection shall be determined by the President of the European Patent Office.
Inspection of files shall be subject to the payment of an administrative fee.
(2) The inspection shall take place on the premises of the European Patent
Office and, for such time as the file is with the central industrial property
office of a Contracting State pursuant to an agreement concluded under the
Protocol on Centralisation, on the premises of the latter office. However, on
request, inspection of the files shall take place on the premises of the
central industrial property office of the Contracting State in whose territory
the person making the request has his residence or principal place of business.
(3) On request, inspection of the files shall be effected by means of issuing
copies of file documents. Such copies shall incur fees.
(4) The European Patent Office shall issue on request certified copies of the
European patent application upon payment of an administrative fee.
Rule 95 - Communication of information contained in the files
Subject to the restrictions provided for in Article 128, paragraphs 1 to 4, and
in Rule 93, the European Patent Office may, upon request, communicate
information concerning any file of a European patent application or European
patent subject to the payment of an administrative fee. However, the European
Patent Office may require the exercise of the option to obtain inspection of
the file itself should it deem this to be appropriate in view of the quantity
of information to be supplied.
Rule 95a - Keeping of files
(1) The European Patent Office shall keep files relating to European patent
applications and European patents for at least five years from the end of the
year in which:
(a) the application is rejected or withdrawn or is deemed to be withdrawn;
(b) the patent is revoked pursuant to opposition proceedings; or
(c) the patent lapses in the last of the designated States.
(2) Without prejudice to paragraph 1, the European Patent Office shall keep
files relating to European patent applications which have given rise to
divisional applications under Article 76 or new applications under Article61,
paragraph 1(b), for at least the same length of time as the files relating to
any one of these last applications. The same shall apply to files relating to
any resulting European patents.
Rule 96 - Additional publications by the European Patent Office
(1) The President of the European Patent Office may provide that, and in what
form, the data referred to in Article 128, paragraph 5, shall be communicated
to third parties or published.
(2) The President of the European Patent Office may provide for the publication
of new or amended claims received after the time mentioned in Rule 49,
paragraph 3, the form of such publication and the entry in the European Patent
Bulletin of particulars concerning such claims.
Chapter IX - Legal and administrative co-operation
Rule 97 - Communications between the European Patent Office and the authorities
of the Contracting States
(1) Communications between the European Patent Office and the central
industrial property offices of the Contracting States which arise out of the
application of the Convention shall be effected directly between these
authorities. Communications between the European Patent Office and the courts
or other authorities of the Contracting States may be effected through the
intermediary of the above central industrial property offices.
(2) Expenditure in respect of communications under paragraph 1 shall be
chargeable to the authority making the communications, which shall be exempt
from fees.
Rule 98 - Inspection of files by or via courts or authorities of the
Contracting States
(1) Inspection of the files of European patent applications or of European
patents by courts or authorities of the Contracting States shall be of the
original documents or of copies thereof; Rule 94 shall not apply.
(2) Courts or Public Prosecutors' Offices of the Contracting States may, in the
course of their proceedings, communicate to third parties files or copies
thereof transmitted to them by the European Patent Office. Such communications
shall be effected in accordance with the conditions laid down in Article 128;
they shall not incur the payment of the administrative fee.
(3) The European Patent Office shall, at the time of transmission of the files
or copies thereof to the courts or Public Prosecutors' Offices of the
Contracting States, indicate such restrictions as may, under Article 128,
paragraphs 1 and 4, be applicable to the communication to third parties of
files concerning a European patent application or a European patent.
Rule 99 - Procedure for letters rogatory
(1) Each Contracting State shall designate a central authority which will
undertake to receive letters rogatory issued by the European Patent Office and
to transmit them to the authority competent to execute them.
(2) The European Patent Office shall draw up letters rogatory in the language
of the competent authority or shall attach to such letters rogatory a
translation into the language of that authority.
(3) Subject to the provisions of paragraphs 5 and 6, the competent authority
shall apply its own law as to the procedures to be followed in executing such
requests. In particular, it shall apply appropriate measures of compulsion in
accordance with its own law.
(4) If the authority to which the letters rogatory are transmitted is not competent
to execute them, the letters rogatory shall be sent forthwith to the central
authority referred to in paragraph 1. That authority shall transmit the letters
rogatory either to the competent authority in that State, or to the European
Patent Office where no authority is competent in that State.
(5) The European Patent Office shall be informed of the time when, and the
place where, the enquiry or other legal measure is to take place and shall
inform the parties, witnesses and experts concerned.
(6) If so requested by the European Patent Office, the competent authority
shall permit the attendance of members of the department concerned and allow
them to question any person giving evidence either directly or through the
competent authority.
(7) The execution of letters rogatory shall not give rise to any reimbursement
of fees or costs of any nature. Nevertheless, the State in which letters
rogatory are executed has the right to require the Organisation to reimburse
any fees paid to experts and interpreters and the costs incurred by the
procedure of paragraph 6.
(8) If the law applied by the competent authority obliges the parties to secure
evidence and the authority is not able itself to execute the letters rogatory,
that authority may, with the consent of the European Patent Office, appoint a
suitable person to do so. When seeking the consent of the European Patent
Office, the competent authority shall indicate the approximate costs which
would result from this procedure. If the European Patent Office gives its
consent, the Organisation shall reimburse any costs incurred; without such
consent, the Organisation shall not be liable for such costs.
Chapter X - Representation
Rule 100 - Appointment of a common representative
(1) If there is more than one applicant and the request for the grant of a
European patent does not name a common representative, the applicant first
named in the request shall be considered to be the common representative.
However, if one of the applicants is obliged to appoint a professional
representative this representative shall be considered to be the common
representative unless the first named applicant has appointed a professional
representative. The same shall apply mutatis mutandis to third parties acting
in common in filing notice of opposition or intervention and to joint
proprietors of a European patent.
(2) If, during the course of proceedings, transfer is made to more than one
person, and such persons have not appointed a common representative, paragraph
1 shall apply. If such application is not possible, the European Patent Office
shall require such persons to appoint a common representative within two
months. If this request is not complied with, the European Patent Office shall
appoint the common representative.
Rule 101 - Authorisations
(1) Representatives acting before the European Patent Office shall upon request
file a signed authorisation within a period to be specified by the European
Patent Office. The President of the European Patent Office shall determine the
cases where an authorisation is to be filed. The authorisation may cover one or
more European patent applications or European patents and shall be filed in the
corresponding number of copies. Where the requirements of Article 133,
paragraph 2, have not been satisfied, the same period shall be specified for
the notification of the appointment of a representative and for the filing of
the authorisation.
(2) A general authorisation enabling a representative to act in respect of all
the patent transactions of the party making the authorisation may be filed. A
single copy shall be sufficient.
(3) The President of the European Patent Office may determine and publish in
the Official Journal of the European Patent Office the form and content of:
(a) an authorisation in so far as it relates to the representation of persons
as defined in Article 133, paragraph 2;
(b) a general authorisation.
(4) If the authorisation is not filed in due time, any procedural steps taken
by the representative other than the filing of a European patent application
shall, without prejudice to any other legal consequences provided for in the
Convention, be deemed not to have been taken.
(5) The provisions of paragraphs 1 and 2 shall apply mutatis mutandis to a
document withdrawing an authorisation.
(6) Any representative who has ceased to be authorised shall continue to be
regarded as the representative until the termination of his authorization has
been communicated to the European Patent Office.
(7) Subject to any provisions to the contrary contained therein, an
authorisation shall not terminate vis-à-vis the European Patent Office upon the
death of the person who gave it.
(8) If several representatives are appointed by a party, they may,
notwithstanding any provisions to the contrary in the notification of their
appointment or in the authorisation, act either jointly or singly.
(9) The authorisation of an association of representatives shall be deemed to
be authorisation of any representative who can establish that he practises
within that association.
Rule 102 - Amendment of the list of professional representatives
(1) The entry of a professional representative shall be deleted from the list
of professional representatives if he so requests or if, despite repeated
reminders, he fails to pay the annual subscription to the Institute of
Professional Representatives before the European Patent Office before the end
of the year for which the subscription is due.
(2) After the expiry of the transitional period provided for in Article163,
paragraph 1, and without prejudice to any disciplinary measures taken under
Article 134, paragraph 8(c), the entry of any professional representative may
be deleted automatically in the following cases only:
(a) in the event of the death or legal incapacity of the professional
representative;
(b) in the event of the professional representative no longer being a national
of one of the Contracting States, unless he was entered on the list during the
transitional period or was granted exemption by the President of the European
Patent Office in accordance with Article 134, paragraph 6; (c) in the event of
the professional representative no longer having his place of business or
employment within the territory of one of the Contracting States.
(3) A person whose entry has been deleted shall, upon request, be re-entered in
the list of professional representatives if the conditions for deletion no
longer exist.
PART VIII - IMPLEMENTING REGULATIONS TO PARTS VIII, X AND XI OF THE CONVENTION
Rule 103 - Information to the public in the event of conversion
(1) The documents which, in accordance with Article 136, accompany the request
for conversion shall be communicated to the public by the central industrial
property office under the same conditions and to the same extent as documents
relating to national proceedings.
(2) The printed specifications of the national patent resulting from the
conversion of a European patent application must mention that application.
Rule 104 - The European Patent Office as a receiving Office
(1) When the European Patent Office acts as a receiving Office under the
Cooperation Treaty, the international application shall be filed in English,
French or German. It shall be filed in three copies; the same applies to any of
the documents referred to in the check list provided for in Rule 3.3(a)(ii) of
the Regulations under the Cooperation Treaty except the receipt for the fees
paid or the cheque for the payment of the fees.
(2) If the provisions of paragraph 1, second sentence, are not complied with,
the missing copies shall be prepared by the European Patent Office at the
expense of the applicant.
(3) If an international application is filed with an authority of a Contracting
State for transmittal to the European Patent Office as the receiving Office,
the Contracting State must ensure that the application reaches the European
Patent Office not later than two weeks before the end of the thirteenth month
after filing or, if priority is claimed, after the date of priority.
Rule 104a - The European Patent Office as an International Searching Authority
or International Preliminary Examining Authority
(1) In the case of Article 17, paragraph 3(a), of the Cooperation Treaty, an
additional fee equal to the amount of the search fee shall be payable for each
further invention for which an international search is to be carried out.
(2) In the case of Article 34, paragraph 3(a), of the Cooperation Treaty, an
additional fee equal to the amount of the preliminary examination fee shall be
payable for each further invention for which the international preliminary
examination is to be carried out.
(3) Without prejudice to Rules 40.2(e) and 68.3(e) of the Regulations under the
Cooperation Treaty, where an additional fee has been paid under protest, the
European Patent Office shall review whether the invitation to pay the
additional fee was justified and, if it does not so find, shall refund the
additional fee. If the European Patent Office after such a review considers the
invitation to be justified, it shall inform the applicant accordingly and shall
invite him to pay a fee for the examination of the protest ("protest
fee"). If the protest fee is paid in due time, the protest shall be
referred to the Board of Appeal for a decision.
Rule 104b - The European Patent Office as a designated or elected Office
(1) In the case of an international application as referred to in Article 150,
paragraph 3, of this Convention the applicant shall perform the following acts
within a period of twenty-one months, where Article 22,paragraphs 1 and 2, of
the Cooperation Treaty apply, or thirty-one months where Article 39, paragraph
1(a), of the Cooperation Treaty applies, from the date of filing of the
application, or, if priority has been claimed, from the priority date:
(a) supply, where applicable, the translation of the international application
required under Article 158, paragraph 2, of this Convention;
(b) pay the national fee provided for in Article 158, paragraph 2, of this Convention,
comprising
(i) a national basic fee equal to the filing fee provided for in Article 78,
paragraph 2,
(ii) the designation fees provided for in Article 79, paragraph 2, and
(iii) where applicable, the claims fees provided for in Rule 31;
(c) pay the search fee provided for in Article 157, paragraph 2(b), of this
Convention, where a supplementary European search report has to be drawn up;
(d) file the request for examination in accordance with Article 94 of this
Convention if the time limit specified in Article 94, paragraph 2, has expired
earlier;
(e) pay the renewal fee in respect of the third year in accordance with Article
86, paragraph 1, of this Convention, if the fee has fallen due earlier in
accordance with Rule 37, paragraph 1;
(f) file, where applicable, the certificate of exhibition referred to in
Article 55, paragraph 2, and Rule 23 of this Convention.
(2) If the data concerning the inventor prescribed in Rule 17, paragraph 1, of
this Convention have not yet been submitted at the expiry of the period of
twenty-one or thirty-one months, whichever applies, referred to in paragraph1,
the European Patent Office shall invite the applicant to furnish the data
within such period as it shall specify.
(3) Where the priority of an earlier application is claimed and the file number
or copy provided for in Article 88, paragraph 1, and Rule 38,paragraphs 1 to 3,
of this Convention, have not yet been submitted at the expiry of the period of
twenty-one or thirty-one months, whichever applies, referred to in paragraph 1,
the European Patent Office shall invite the applicant to furnish the number or
copy of the earlier application within such period as it shall specify. Rule
38, paragraph 3, third sentence, shall apply to the filing of the copy of the
earlier application.
(3a) If at the expiry of the period of twenty-one or thirty-one months referred
to in paragraph 1 a sequence listing as prescribed in Rule 5.2 of the
Regulations under the Cooperation Treaty is not available to the European Patent
Office, or does not conform to the prescribed standard, or has not been filed
on the prescribed data carrier, or if a sequence listing subsequently filed
within the said period is not drawn up in one of the official languages of the
European Patent Office, the applicant shall be invited to file a sequence
listing conforming to the prescribed standard or on the prescribed data
carrier, or to file a translation within such period as the European Patent
Office shall specify.
(4) If only a part of the international application has been searched by the
International Searching Authority because that Authority considered that the
application did not comply with the requirement of unity of invention, and the
applicant did not within the prescribed time limit pay all additional fees
according to Article 17, paragraph 3(a), of the Cooperation Treaty, the Search
Division shall consider whether the application complies with the requirement
of unity of invention. If the Search Division considers that this is not the case,
it shall inform the applicant that a European search report can be obtained in
respect of those parts of the international application which have not been
searched if a search fee is paid for each invention involved within a period to
be fixed by the Search Division and which may not be shorter than two weeks and
may not exceed six weeks. The Search Division shall draw up a European search
report for those parts of the international application which relate to
inventions in respect of which search fees have been paid.
(5) Rule 46, paragraph 2, of this Convention shall apply mutatis mutandis to
the communication referred to in paragraph 4.
(6) Where the European Patent Office has drawn up the international preliminary
examination report in respect of an international application it shall allow
the applicant a reduction in the examination fee. The reduction shall be fixed
in the Rules relating to Fees at a percentage of the fee.
Rule 104c - Consequence of non-payment
(1) Unless both the national basic fee and also at least one designation fee
provided for in Rule 104b, paragraph 1(b), are paid in due time, the European
patent application shall be deemed to be withdrawn.
(2) Subject to paragraph 1, the designation of any Contracting State in respect
of which the designation fee provided for in Rule 104b, paragraph 1(b), has not
been paid in due time shall be deemed to be withdrawn.
(3) Where a claims fee as provided for in Rule 104b, paragraph 1(b), has not
been paid in due time, the claim concerned shall be deemed to be abandoned.
Rule 105 - Restrictions affecting examination
(1) Restrictions affecting the examination of European patent applications,
applied pursuant to Article 162, and the removal of such restrictions shall be
entered in the European Patent Bulletin.
(2) The areas of technology in respect of which European patent applications
are to be processed shall be determined by reference to the international
classification.
Rule 106 - Amendment of the list of professional representatives during a
transitional period
(1) During the transitional period provided for in Article 163, paragraph 1,
the central industrial property office shall withdraw a certificate furnished
in accordance with Article 163, paragraph 2:
(a) in the cases referred to in Rule 102, paragraph 2(a) and (c);
(b) if any other requirements of the national law of the Contracting State
concerned in respect of the grant of the certificate are no longer fulfilled.
(2) The central industrial property office shall inform the European Patent
Office of the withdrawal of the certificate. The European Patent Office shall
thereupon automatically delete the entry of the professional representative
from the list of professional representatives, except where Article 163, paragraph
4(b) or paragraph 5 is applied.
(2a) Deletion of a professional representative pursuant to a disciplinary
measure taken under Article 134, paragraph 8 (c), shall be effected
automatically by the European Patent Office and communicated to the central
industrial property office which furnished to the person concerned the
certificate provided for in Article 163, paragraph 2.
(3) The provision of Rule 102, paragraph 1, shall apply mutatis mutandis.
(4) A person whose entry has been deleted shall, on request, be re-entered on
the list of professional representatives if he supplies a certificate furnished
by the central industrial property office stating that the conditions for the
withdrawal of the certificate under paragraph 1 no longer exist, or if the
disciplinary measure imposed upon him has ceased to be effective, as the case
may be.
Rule 106a - Authority referred to in Rule 10, paragraph 2, during a
transitional period
Until such time as the Vice-President responsible for appeals has been appointed
and until more than one Board of Appeal has been set up, the authority referred
to in Rule 10, paragraph 2, shall be established as follows:
(a) Where the Vice-President responsible for appeals has not yet been appointed
and only one Board of Appeal has been set up, the authority shall consist of
the President of the European Patent Office, who shall act as Chairman, the
Chair- men of the Board of Appeal which has already been set up and three other
members of the Board of Appeal elected by the full membership of the Board for
the working year in question.
(b) Where the Vice-President responsible for appeals has not yet been
appointed, the authority shall consist of the President of the European Patent
Office, who shall act as Chairman, the Chairmen of the Boards of Appeal and
three other members of the Boards of Appeal elected by the full membership of
the Boards for the working year in question.
(c) Where only one Board of Appeal has been set up, the authority shall consist
of the President of the European Patent Office, who shall act as Chairman, the
Vice-President responsible for appeals, the Chairman of the Board of Appeal
which has already been set up and three other members of the Board of Appeal
elected by the full membership of the Board for the working year in question.
(d) In all the cases referred to in sub-paragraphs (a), (b) and (c), this
authority may only take a decision if at least four of its members are present;
these must include the President or a Vice-President of the European Patent
Office and a Chairman of a Board of Appeal.