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RS 0.232.142.21 Regulations of 7 December 2006 of the European Patent Convention (IR EPC 2000) (with R relating to fees)

Original Language Title: RS 0.232.142.21 Règlement d’exécution du 7 décembre 2006 de la convention sur le brevet européen (RE CBE 2000) (avec R relatif aux taxes)

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0.232.142.21

Original text

Regulations under the European Patent Convention

(RE CBE 2000)

Approved by the Board of Directors on 7 December 2006

Entered into force for Switzerland on 13 December 2007

(State on Er April 2015)

Part One General and institutional provisions

Chapter I General provisions

Rule 1 Written procedure

In the written procedure before the European Patent Office, the requirement for the use of the written form is met if the content of the documents can be reproduced legibly on paper.

Rule 2 Filing of documents and formal requirements to be met

(1) In proceedings before the European Patent Office, documents may be filed by direct delivery, by a postal service or by means of electronic communication. The President of the European Patent Office shall lay down the implementing rules and the requirements as well as, where appropriate, formal requirements and technical requirements governing the filing of documents. In particular, it may provide for confirmation. If this confirmation is not filed within the time limit, the European patent application shall be rejected; the documents subsequently produced shall be deemed not to have been received. 1

(2) If the agreement 2 Stipulates the obligation to sign a document, the authenticity of the document may be confirmed by a handwritten signature or by other appropriate means, the use of which has been authorised by the President of the European Patent Office. A document authenticated by these other means shall be deemed to fulfil the legal requirements relating to the signature in the same way as a document bearing a handwritten signature and filed on paper.


1 New content according to Art. 1 ch. 1 of the Board of Directors, 15 Oct. 2014, in force since 1 Er Apr 2015 ( RO 2015 4199 ).
2 RS 0.232.142.2 Art. Cited in this Regulation are those of this Convention.

Rule 3 Languages eligible in the written procedure

(1) In any proceedings before the European Patent Office, any party may use one of the official languages of the European Patent Office. The translation referred to in s. 14, para. 4, may be produced in any official language of the European Patent Office.

(2) Amendments to the European patent application or the European patent shall be filed in the language of the proceedings.

(3) Documents used as evidence, in particular publications, may be produced in any language. However, the European Patent Office may require that a translation be filed in one of its official languages within a period specified by it. If the required translation is not filed on time, the European Patent Office may not take into account the document in question.

Rule 4 Languages eligible for oral proceedings

(1) Any party to an oral proceedings before the European Patent Office may use an official language of the European Patent Office other than the language of the proceedings, provided that the European Patent Office notifies the European Patent Office one month Less prior to the date of the oral proceedings, or to ensure interpretation in the language of the proceedings. Any party may use an official language of one of the Contracting States provided that it provides for interpretation in the language of the proceedings. The European Patent Office may authorise derogations from these provisions.

(2) During the oral procedure, officers of the European Patent Office may use an official language of the European Patent Office other than the language of the proceedings.

(3) The parties, witnesses or experts who are required to be heard, who do not have sufficient command of an official language of the European Patent Office or of a Contracting State, may use another language at the hearing. If the measure of inquiry is ordered on the request of a party, the parties, witnesses or experts who express themselves in a language other than an official language of the European Patent Office shall be heard only if that party provides the interpretation In the language of the proceedings. The European Patent Office may, however, allow interpretation into one of its other official languages.

(4) Subject to the agreement of the parties and the European Patent Office, any language may be used.

(5) The European Patent Office shall, as necessary, provide for interpretation in the language of the proceedings, or, where appropriate, in its other official languages, unless that interpretation is to be provided by one of the Parts.

(6) The interventions of the agents of the European Patent Office, of the parties, witnesses and experts made in an official language of the European Patent Office shall be recorded in the minutes in that language. Interventions in another language are recorded in the official language in which they are translated. Amendments to a European patent application or a European patent shall be recorded in the minutes in the language of the proceedings.

Rule 5 Certification of translations

Where the translation of a document is required, the European Patent Office may require the production, within a time limit, of a certificate certifying that the translation is in conformity with the original text. If the certification is not filed on time, the document is deemed not to have been filed, unless otherwise disposed of.

Rule 6 1 Translation and fee reduction

(1) The translation provided for in s. 14, para. 2, must be filed within two months of the filing of the European patent application.

(2) The translation provided for in s. 14, para. 4, must be filed within one month of the deposit of the part. This also applies to applications filed pursuant to s. 105 Bis . Where that part is an act of opposition, an act of appeal, a statement setting out the grounds of appeal or a request for review, the translation may be filed, as the case may be, within the period of opposition, appeal, filing of the exhibitor The grounds for the application or presentation of a request for review, if that period expires later.

(3) Where a person referred to in s. 14, para. 4, files an application for a European patent or submits a request for examination in a language permitted under that provision, the filing fee or examination fee shall be reduced in accordance with the Rules relating to Fees 2 .

(4) The reduction referred to in s. 3:

(a)
Small and medium-sized enterprises;
(b)
Natural persons; or
(c)
Non-profit organizations, universities and public research organizations.

(5) For the purposes of s. 4 (a), Commission Recommendation 2003 /361/EC of 6 May 2003 on the definition of micro, small and medium-sized enterprises, as published in the Official Journal of the European Union (L 124, p. 36) of 20 May 2003, applies.

(6) An applicant who wishes to benefit from the tax reduction referred to in s. 3 must declare that it is an entity or a natural person within the meaning of s. 4. If the Office has reason to doubt the veracity of this declaration, it may invite the applicant to produce evidence.

(7) In the case of a plurality of applicants, each applicant must be an entity or a natural person within the meaning of s. 4.


1 New content according to Art. 1 of the Board of Directors of 13 Dec. 2013, in effect since 1 Er Apr 2014 ( RO 2014 2405 ). See also disp. End. Of this mod. At the end of the text.
2 Not published to OR.

Rule 7 Legal value of the translation of the European patent application

In the absence of proof to the contrary, the European Patent Office shall assume, in order to determine whether the subject matter of the European patent application or the European patent extends beyond the content of the application as filed, that the translation produced in accordance with the Art. 14, para. 2, or Rule 40, para. 3, is consistent with the original text of the application.

Chapter II Organization of the European Patent Office

Section I General provisions

Rule 8 Patent Classification

The European Patent Office shall use the Patent Classification provided for in Article 1 of the Strasbourg Agreement of 24 March 1971 concerning the International Patent Classification 1 , hereinafter referred to as the International Classification.


Rule 9 Administrative structure of the European Patent Office

(1) The European Patent Office shall be organised on the administrative level in the Directorates-General, to which the bodies referred to in Art. 15 and the services created to deal with the Agency's legal issues and internal administration.

(2) Each branch shall be headed by a Vice-President. The appointment of a Vice-President to a Directorate-General shall be decided by the Administrative Council, the President of the European Patent Office.

Rule 10 Competencies of the Receiving Section and the Examining Division

(1) The Receiving Section shall have jurisdiction to examine a European patent application at the time of filing and in respect of formal requirements until such time as the Examining Division becomes competent to examine the European patent application in accordance with Art. 94, para. 1.

(2) Subject to subs. 3 and 4, the Examining Division is competent to examine a European patent application in accordance with Art. 94, para. 1, as soon as a request for examination is made.

(3) If a request for examination is made before the European search report has been submitted to the applicant, the Examining Division shall have jurisdiction, subject to subs. 4, as soon as the European Patent Office receives the declaration referred to in Rule 70, para. 2.

(4) If a request for examination is made before the European search report has been transmitted to the applicant, and if the applicant has waived the right under Rule 70, para. 2, the Examining Division is competent as soon as the search report is sent to the applicant.

Rule 11 Distribution of Responsibilities Between First Degree Jurisdictions

(1) The technical examiners acting as members of the Research, Examination or Opposition Divisions shall be assigned to Directorates. The President of the European Patent Office shall divide the powers between these Directorates by reference to the International Classification.

(2) The President of the European Patent Office may entrust to the Receiving Section, the Divisions of Research, Examination and Opposition, as well as to the Legal Division of other powers in addition to those assigned to them by the Convention.

(3) The President of the European Patent Office may entrust to agents who are not technical or legal examiners the tasks of the research, examination or opposition divisions and presenting no technical difficulties Specific legal or legal.

Section II Organization of the Boards of Appeal and the Grand Chamber of Appeal

Rule 12 Praesidium of the Boards of Appeal

(1) The autonomous body within the organisational unit comprising the Boards of Appeal (the "Praesidium of the Boards of Appeal") shall be composed of the Vice-President in charge of the Boards of Appeal, President, and twelve members of the Boards of Appeal. Of which six are presidents and six are members.

(2) All members of the Praesidium shall be elected by the chairmen and members of the Boards of Appeal for two years of data activity. If the composition of the Praesidium is not complete, it is provided for the holidays by designating the presidents and the members who have the most seniority.

(3) The Praesidium shall adopt the Rules of Procedure of the Boards of Appeal and the Rules of Procedure relating to the election and the appointment of its members. The Praesidium also advises the Vice-President in charge of the Boards of Appeal on matters concerning the operation of the Boards of Appeal in general.

(4) Before the beginning of each year of activity, the Praesidium, enlarged in order to understand all the chairpersons, shall divide the powers between the Boards of Appeal. It shall decide, in the same composition, on conflicts of allocation between several Boards of Appeal. The enlarged Praesidium designates the members and alternate members of the various Boards of Appeal. Any member of a Board of Appeal may be appointed as a member of several Boards of Appeal. These measures may be amended, as appropriate, during the year of activity.

(5) The Praesidium can validly deliberate only if at least five of its members are present, including the Vice-President in charge of the Boards of Appeal or his alternate and two chairpersons of Boards of Appeal. With regard to the tasks mentioned in subs. 4, nine members shall be present, including the Vice-President in charge of the Boards of Appeal or his alternate and three chairpersons of Boards of Appeal. Decisions shall be taken by a majority of votes; in the event of the equal sharing of votes, the voice of the Chairman or his alternate shall be paramount. Abstentions shall not be considered as a vote.

(6) The Board of Directors may entrust the Boards of Appeal with powers under s. 134 Bis , paras. 1 (c).

Rule 13 Allocation of powers within the Grand Board of Appeal and adoption of its Rules of Procedure

(1) Before the commencement of each business year, the members of the Grand Board of Appeal who have been appointed under s. 11, para. 3, designate the full members and alternate members of the Grand Chamber of Appeal in the procedures referred to in Art. 22, para. 1 (a) and (b), as well as the members and alternate members in the procedure referred to in Art. 22, para. 1 (c).

(2) The members of the Grand Board of Appeal who have been appointed under s. 11, para. 3, adopt the Rules of Procedure of the Grand Board of Appeal.

(3) Decisions on matters referred to in s. 1 and 2 shall be taken only if at least five members are present, including the Chairman of the Grand Board of Appeal or his alternate; in the event of an equal sharing of votes, the voice of the Chairman or his alternate shall be Preponderant. Abstentions shall not be considered as a vote.

Part Two Provisions implementing the second part of the Convention

Chapter I Procedure provided for when the applicant is not a qualified person

Rule 14 Suspension of proceedings

(1) If a third party provides evidence that it has instituted proceedings against the applicant in order to obtain a decision within the meaning of s. 61, para. 1, the grant procedure shall be suspended, unless that third party declares in writing to the European Patent Office that it consents to the continuation of the proceedings. This consent is irrevocable. However, the grant procedure is not suspended until the European patent application has been published.

(2) If the evidence is adduced as a result of a decision in force of res judica. 61, para. 1, has been issued, the European Patent Office shall notify the applicant and, where appropriate, to the other parties that the grant procedure shall be resumed from the date fixed in the notification, unless a new European patent application Was filed pursuant to s. 61, para. 1 (b), for all designated Contracting States. If the decision is taken in favour of the third party, the procedure may not be resumed before the expiry of a period of three months after the decision has been adopted in force, unless the third party has requested the resumption of proceedings.

(3) Where it suspends the grant procedure, or at a later date, the European Patent Office may fix the date on which it intends to resume the grant procedure, without taking into account the state of the national procedure initiated As per s. 1. It shall notify this date to the third party, the applicant and, where appropriate, to the other parties. If the evidence is not provided before that date, the European Patent Office may resume the proceedings before a final decision has been made.

(4) The suspension of the proceedings shall result in the suspension of all time limits on the date of the suspension, with the exception of the time limits for the payment of the annual fees. The part of the time limit which has not yet expired shall begin to run on the date of resumption of the proceedings. However, the period remaining after the resumption of proceedings cannot be less than two months.

Rule 15 Limitation of withdrawals

As from the day on which a third party proves that he has introduced a national procedure in accordance with Rule 14, para. 1, and until the day on which the grant procedure is resumed, neither the European patent application nor the designation of any Contracting State may be withdrawn.

Rule 16 Procedure provided for in cases referred to in s. 61, para. 1

(1) A person who is entitled to a European patent shall not make use of the faculties which are open to him by s. 61, para. 1, if:

(a)
It shall act within a period of three months after the decision which recognizes that right has passed by res judici, and if
(b)
The European patent has not yet been granted.

(2) These faculties may only be used for the Contracting States designated in the European patent application in which the decision has been rendered or recognized, or must be recognised under the Protocol on recognition.

Rule 17 Filing of a new European patent application by the authorised person

(1) If the person to whom the right to obtain a European patent has been recognised by virtue of a decision taken by res judicus files a new European patent application, in accordance with Art. 61, para. 1 (b), the initial application shall be deemed withdrawn from the filing of the new application in respect of the designated Contracting States in which the decision has been made or recognized, or must be recognized under the Protocol on the Recognition.

(2) The filing fee and the search fee shall be paid within one month of the filing of the new application. If the filing fee or search fee is not paid within the time limit, the application is deemed to be withdrawn.

(3) The designation fee shall be paid within six months from the date on which the European Patent Bulletin referred to the publication of the European search report established for the new application. Rule 39, para. 2 and 3, is applicable. 1


1 New content according to Art. 1 para. 1 of the Board of Directors, 21 Oct. 2008, effective from 1 Er Apr 2009 ( RO 2009 2539 ). See also disp. End. Of this mod. At the end of the text.

Rule 18 Partial transfer of the right to the European patent

(1) If a decision taken in force of res judici has recognised the right to obtain a European patent to a third party for only part of the subject-matter of the original European patent application, s. 61 and Rules 16 and 17 apply to the party in question.

(2) Where applicable, the original European patent application shall contain, for the designated Contracting States in which the decision has been made or recognized, or is to be recognized under the Protocol on recognition, claims, Description and drawings different from those which the application contains for the other designated Contracting States.

Chapter II Mention of the Inventor

Rule 19 Designation of inventor

(1) The designation of the inventor must be made in the request for grant of the European patent. However, if the applicant is not the inventor or the sole inventor, that designation must be made in a separate document. It shall contain the name, first names and full address of the inventor, the declaration referred to in Art. 81 and the signature of the applicant or the applicant's agent.

(2) The European Patent Office shall not control the accuracy of the designation of the inventor.

(3) If the applicant is not the inventor or the sole inventor, the European Patent Office shall notify the designated inventor of the indications contained in the designation and the following indications:

(a)
The European patent application number;
(b)
The date of filing of the European patent application and, if priority has been claimed, the date, the State and the filing number of the earlier application;
(c)
The applicant's name;
(d)
The title of the invention;
(e)
The designated Contracting States.

(4) The applicant or the inventor shall not avail himself or the applicant of the omission of the notification referred to in s. 3 or errors of which she may be tainted.

Rule 20 Publication of the designation of the inventor

(1) The person designated as inventor shall be mentioned in the published European patent application and in the specification of the European patent, unless it declares in writing to the European Patent Office that it has waived the right to be mentioned As an inventor.

(2) Le par. 1 is applicable where a third party makes a final decision with the European Patent Office on the grounds that the applicant or holder of a European patent is required to designate him as inventor.

Rule 21 Rectification of an Inventor's Designation

(1) An erroneous designation of the inventor shall be corrected on motion only with the consent of the person wrongly designated and, if the request is made by a third party, the consent of the applicant or owner of the patent. Rule 19 shall apply.

(2) If an erroneous designation of the inventor has been recorded in the European Patent Register or published in the European Patent Bulletin, the correction or cancellation thereof shall also be recorded or published.

Chapter III Registration in the Register of Transfers, Licences and Other Rights

Rule 22 Registration of transfers

(1) The transfer of a European patent application shall be entered in the European Patent Register at the request of any interested party, on the production of documents proving that transfer.

(2) The application shall not be deemed to have been made until after the payment of an administrative fee. It can only be rejected if it has not been satisfied with the provisions of s. 1.

(3) A transfer shall have effect in respect of the European Patent Office only to the extent that the documents referred to in s. 1 was provided to him and from the date on which they were produced.

Rule 23 Registering licenses and other rights

(1) Rule 22, para. 1 and 2, shall apply to the recording of the grant or transfer of a license, and to the recording of the constitution or the transfer of a right in rem in a European patent application and of the enforced execution on such a request.

(2) The entries referred to in s. 1 shall be cancelled on application accompanied by either documents proving that the right has extinguished, or the written declaration of the holder of the right by which he consents to the cancellation of the registration. Rule 22, para. 2, is applicable.

Rule 24 Special mentions for the recordal of a license

A licence in respect of a European patent application shall be recorded:

(a)
As an exclusive licence if the applicant and the licensee require it;
(b)
As a sub-licence, where it is granted by the holder of a licence registered in the European Patent Register.

Chapter IV Certification of Exposure

Rule 25 Attestation of Exposure

The applicant must submit, within four months of the filing of the European patent application, the certificate referred to in Art. 55, para. 2. This certificate must:

(a)
Be issued during the exhibition by the authority responsible for the protection of industrial property in this exhibition;
(b)
Find that the invention was actually exposed to it;
(c)
Mention the opening date of the exhibition and, where the invention was disclosed at a later date, the date on which the invention was first disclosed; and
(d)
Be accompanied by the identification of the invention, duly authenticated by the aforementioned authority.

Chapter V Biotechnological inventions

Rule 26 Overview and definitions

(1) For European patent applications and European patents for biotechnological inventions, the relevant provisions of the Convention shall be applied and interpreted in accordance with the requirements of this Chapter. Directive 98 /44/EC of 6 July 1998 on the legal protection of biotechnological inventions is a complementary means of interpretation.

(2) "Biotechnological inventions" shall be inventions that relate to a product consisting of or containing biological material, or to a process for the production, processing or use of biological material.

(3) "Biological material" means any material containing genetic information that is self-reproducing or reproducible in a biological system.

(4) "Plant variety" means any plant complex of a single botanical taxon of the lowest known rank which, whether or not it fully meets the conditions for the grant of a plant variety right, may:

(a)
Be defined by the expression of characters resulting from a certain genotype or a certain combination of genotypes;
(b)
Be distinguished from any other plant by the expression of at least one of the said characters and
(c)
Be considered an entity in respect of its ability to be reproduced without change.

(5) A process for obtaining plants or animals is essentially biological if it consists entirely of natural phenomena such as breeding or selection.

(6) "Microbiological process" means any process using a microbiological material, involving a microbiological or microbiological material.

Rule 27 Patentable Biotechnological Inventions

Biotechnological inventions are also patentable when they are intended to:

(a)
A biological material isolated from its natural environment or produced using a technical process, even where it existed naturally;
(b)
Plants or animals if the technical feasibility of the invention is not limited to a particular plant variety or animal breed;
(c)
A microbiological or other technical process, or a product obtained by such processes, to the extent that it is not a plant variety or animal race.
Rule 28 Exceptions to Patentability

In accordance with Art. 53 (a), European patents are not granted in particular for biotechnological inventions which are intended to:

(a)
Processes for cloning human beings;
(b)
Processes for modifying the germ line genetic identity of humans;
(c)
Uses of human embryos for industrial or commercial purposes;
(d)
Processes for modifying the genetic identity of animals which cause suffering without substantial medical benefit to humans or animals, as well as animals derived from such processes.
Rule 29 The human body and its elements

(1) The human body, at the various stages of its formation and development, and the mere discovery of one of its elements, including the sequence or partial sequence of a gene, may not constitute patentable inventions.

(2) An element isolated from the human body or otherwise produced by a technical process, including the sequence or partial sequence of a gene, may constitute a patentable invention, even if the structure of that element is identical to that of an element Natural.

(3) The industrial application of a sequence or partial sequence of a gene must be concretely set out in the patent application.

Rule 30 Requirements for European patent applications for nucleotide and amino acid sequences

(1) If nucleotide or amino acid sequences are set out in the European patent application, the description shall contain a sequence listing drawn up in accordance with the rules adopted by the President of the European Patent Office for the Normalized representation of nucleotide and amino acid sequences.

(2) A sequence listing produced after the filing date is not part of the description.

(3) If, on the filing date, the applicant has not produced a sequence listing established in accordance with the requirements set out in par. 1, the European Patent Office invites the applicant to provide this sequence listing and to pay the late furnishing fee. If the applicant does not furnish the required sequence listing and does not pay the fee for late furnishing within two months of that invitation, the application shall be rejected.

Rule 31 Deposit of biological material

(1) Where an invention involves the use of a biological material or relates to a biological material to which the public does not have access and which cannot be described in the European patent application in such a way as to enable a person skilled in the art To carry out the invention, the invention shall not be regarded as exposed in accordance with Art. 83 if:

(a)
A sample of the biological material has been deposited with a depositary authority under the same conditions as those provided for in the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent procedure of 28 April 1977 1 , no later than the filing date of the application;
(b)
The application as filed contains the relevant information available to the applicant on the characteristics of the biological material;
(c)
The application shall contain an indication of the depositary authority and the serial number of the deposited biological material, and
(d)
Where the biological material has been filed by a person other than the applicant, the name and address of the applicant shall be mentioned in the application and provided to the European Patent Office a document proving that the applicant has authorized the Applicant to refer in the application to the biological material filed and has consented without reservation and irrevocably to make the material made available to the public, in accordance with Rule 33.

(2) The particulars referred to in s. 1 (c) and (d) may be communicated:

(a)
Within a period of sixteen months from the filing date or, if priority has been claimed, from the priority date, the time limit being deemed to be observed if the indications are communicated before the end of the technical preparations for the purpose of Publication of the European patent application;
(b)
Until the date of filing an application under s. 93, para. 1 (b);
(c)
Within a period of one month after the European Patent Office has notified the applicant of the right to consult the file referred to in Art. 128, para. 2.

The time limit expires first. As a result of the communication of these indications, the applicant is considered to have consented without reservation and irrevocably to make the deposited biological material available to the public in accordance with Rule 33.


Rule 32 Expert Solution

(1) Until the technical preparations for the publication of the European patent application are completed, 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 is refused, withdrawn or deemed to be withdrawn, the accessibility provided for in Rule 33 can only be made by furnishing a sample to an expert appointed by the applicant.

(2) May be appointed as an expert:

(a)
Any natural person, provided that the applicant provides proof, at the time of filing the application, that the applicant has given his consent to that designation;
(b)
Any natural person who is a certified expert by the President of the European Patent Office.

The designation shall be accompanied by a declaration by the expert in respect of the applicant of the undertaking referred to in Rule 33, or until the date on which the European patent ceases in all the designated States, or until Date referred to in s. 1 (b), if the application is refused, withdrawn or deemed withdrawn, the applicant being considered to be a third party.

Rule 33 Access to biological material

(1) As from the date of publication of the European patent application, the biological material filed pursuant to Rule 31 shall, on request, be available to any person and, before that date, to any person entitled to consult the file Pursuant to s. 128, para. 2. Subject to Rule 32, this accessibility shall be effected by the furnishing to the applicant of a sample of the deposited biological material.

(2) Such surrender shall take place only if the applicant has made a commitment to the applicant or owner of the patent not to disclose to third parties the biological material or biological material derived from it and to use that material only for the purposes of To the date on which the application for a patent is refused or withdrawn or deemed to be withdrawn, or to which the European patent shall lapse in all the designated States, unless the applicant or owner of the patent expressly waives Such a commitment.

The undertaking to use the biological material only for experimental purposes shall not apply to the extent that the applicant uses this material for exploitation resulting from a compulsory licence. The term "compulsory license" is understood to cover ex officio licenses and any right of use in the public interest of a patented invention.

(3) A derived biological material is defined for the purpose of s. 2. Any material which still has the characteristics of the deposited material essential for the implementation of the invention. Commitments referred to in s. 2 shall not preclude the deposit of a derived biological material, which is necessary for the purposes of the patent procedure.

(4) The motion referred to in subs. 1 shall be addressed to the European Patent Office by means of a form approved by it. The European Patent Office certifies on this form that a European patent application filing the deposit of the biological material has been filed and that the applicant or the expert designated under Rule 32 is entitled to the furnishing of a patent. Sample of this material. The request shall also be addressed to the European Patent Office after the grant of the European patent.

(5) The European Patent Office shall transmit to the depositary authority, as well as the applicant or the owner of the patent, a copy of the request with the certification provided for in subs. 4.

(6) The European Patent Office shall publish in the Official Journal the list of authorised depositary authorities and authorised experts for the purposes of applying Rules 31 to 34.

Rule 34 New deposit of biological material

If the biological material filed pursuant to Rule 31 ceases to be available from the competent depositary authority, the interruption of accessibility shall be deemed to be non-avenue provided that a new deposit of that material has been made Under the same conditions as those provided for in the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of the Patent Procedure of April 28, 1977, and that Copy of the receipt of this new deposit issued by the depositary authority, accompanied by the indication The number of the European patent application or the European patent, has been communicated to the European Patent Office within four months from the date of the new filing.

Part Three Implementing provisions of the third part of the Convention

Chapter I Filing of the European Patent Application

Rule 35 General provisions

(1) European patent applications may be filed in writing with the European Patent Office in Munich, The Hague or Berlin, or with the authorities referred to in Art. 75, para. 1 (b).

(2) The administration to which the European patent application is filed shall place on the documents of that application the date of their receipt and shall, without delay, issue to the applicant a receipt stating at least the number of the application, the nature and the Number of rooms and the date of their receipt.

(3) If a European patent application is filed with an administration referred to in s. 75, para. 1 (b) shall, without delay, inform the European Patent Office of the receipt of the application and, in particular, indicate the nature of the documents filed, the day on which they are received, the number given to the application and, where appropriate, the date of any priority Claimed.

(4) Where the European Patent Office receives a European patent application through the central industrial property office of a Contracting State, it shall inform the applicant accordingly by indicating the date on which it received the application.

Rule 36 European divisional applications

(1) The applicant may file a divisional application in respect of any previous European patent application still pending. 1

(2) A divisional application must be filed in the language of the proceedings of the earlier application. It may be filed in the language of the earlier application if it has not been in an official language of the European Patent Office; a translation must be filed in the language of the proceedings of the earlier application Within two months of the filing of the divisional application. The divisional application must be filed with the European Patent Office in Munich, The Hague or Berlin. 2

(3) The filing fee and the search fee shall be paid within one month from the filing of the divisional application. If the filing fee or search fee is not paid within the time limit, the application is deemed to be withdrawn.

(4) The designation fee shall be paid within six months from the date on which the European Patent Bulletin referred to the publication of the European search report established for the divisional application. Rule 39, para. 2 and 3, is applicable. 3


1 New content according to Art. 1 of the Board of Directors, 16 Oct. 2013, in effect since 1 Er Apr 2014 ( RO 2014 2403 ). See also disp. End. Of this mod. At the end of the text.
2 New content according to Art. 1 para. 1 of the D of the Governing Council of 25 March 2009, in force since 1 Er Apr 2010 ( RO 2010 471 ). See also disp. End. Of this mod. At the end of the text.
3 New content according to Art. 1 para. 2 of the Board of Directors, 21 Oct. 2008, effective from 1 Er Apr 2009 ( RO 2009 2539 ). See also disp. End. Of this mod. At the end of the text.

Rule 37 Transmission of European patent applications

(1) The central industrial property office of a Contracting State shall transmit the European patent applications to the European Patent Office in the shortest time compatible with its national law relating to the incommunicability of the Inventions in the interest of the State, and shall take all appropriate measures to ensure that such requests are transmitted:

(a)
Within six weeks from their filing, where the subject-matter of such applications is clearly not liable to be incommunicable under national law, or
(b)
Within a period of four months from their filing or, if priority has been claimed, fourteen months from the priority date, where it is necessary to consider whether the subject-matter of those applications is likely to be incommunicable.

(2) A European patent application which does not reach the European Patent Office within a period of fourteen months from its filing or, if priority has been claimed, from the priority date, is deemed to be withdrawn. The fees paid for this application shall be refunded.

Rule 38 1 Filing fee and search fee

(1) The filing fee and the search fee shall be paid within one month from the filing of the European patent application.

(2) The Fees Regulations may provide for an additional fee that is part of the filing fee if the application has more than 35 pages.

(3) The additional tax referred to in subsection (1). 2 must be paid within one month from the filing of the European patent application or one month from the filing of the first set of claims or one month from the filing of the certified copy referred to in Rule 40, para. 3, whichever is later, whichever expires later.

(4) The Fees Regulations may provide for an additional fee that is part of the filing fee in the case of a divisional application filed on the basis of an earlier application which is itself a divisional application. 2


1 New content according to Art. 1 para. 3 of the Board of Directors, 21 Oct. 2008, effective from 1 Er Apr 2009 ( RO 2009 2539 ). See also disp. End. Of this mod. At the end of the text.
2 Introduced by s. 1 of the Board of Directors, 16 Oct. 2013, in effect since 1 Er Apr 2014 ( RO 2014 2403 ). See also disp. End. Of this mod. At the end of the text.

Rule 39 1 Designation Fees

(1) The designation fee shall be paid within six months from the date on which the European Patent Bulletin referred to the publication of the European search report.

(2) If the designation fee is not paid within the time limit or if the designation of all Contracting States is withdrawn, the European patent application shall be deemed to be withdrawn.

(3) Without prejudice to Rule 37, para. 2, second sentence, the designation fee shall not be refunded.


1 New content according to Art. 1 para. 4 of the Board of Directors, 21 Oct. 2008, effective from 1 Er Apr 2009 ( RO 2009 2539 ). See also disp. End. Of this mod. At the end of the text.

Rule 40 Filing Date

(1) The date of filing of a European patent application shall be the date on which the applicant has produced documents containing:

(a)
An indication that a European patent is being applied for;
(b)
Indications allowing the applicant to be identified or contacted;
(c)
A description or reference to a previously filed application.

(2) A reference to a previously filed application pursuant to s. 1 (c) shall indicate the filing date and the number of that application, together with the Office with which it was filed. Such a reference should specify that it replaces the description and, if applicable, the drawings.

(3) If the application contains a reference in accordance with s. 2, a certified copy of the previously filed application must be filed within two months of the filing of the application. If the previously filed application is not in an official language of the European Patent Office, a translation of the application into one of those languages must be filed within that time limit. Rule 53, para. 2, is applicable.

Chapter II Provisions governing applications

Rule 41 Request for grant

(1) The request for the grant of a European patent shall be made on a form established by the European Patent Office.

(2) The request shall:

(a)
Contain an application for the grant of a European patent;
(b)
Contain the title of the invention, which must disclose in a clear and concise manner the technical designation of the invention and contain no fancy name;
(c)
Indicate the name, address, nationality and State of the domicile or seat of the applicant. Natural persons must be named by their names followed by their names. Legal persons and corporations assimilated to legal persons by virtue of their rights must be listed under their official designation. Addresses should be indicated according to the usual requirements for a rapid postal delivery to the address indicated and in any event contain all the relevant administrative indications, including, where appropriate, the number of the The house. It is recommended that the fax and telephone numbers be indicated.
(d)
Indicate, if the applicant has appointed an agent, the name and business address of the representative, under the conditions laid down in the letter. (c);
(e)
Where applicable, specify that the application constitutes a divisional application and indicate the number of the previous European patent application;
(f)
Indicate, in the case referred to in s. 61, para. 1 (b), the number of the initial European patent application;
(g)
Contain, if the priority of an earlier application is claimed, a declaration to that effect which refers to the date of that application and the State in which or for which it was filed;
(h)
Have the signature of the applicant or of the applicant's representative;
(i)
Contain the list of attachments to the query. The list shall also indicate the number of sheets of the description, the claims, the drawings and the abstract which are attached to the request;
(j)
Include the designation of the inventor, if the inventor is the applicant.

(3) In the case of a plurality of applicants, the request shall preferably contain the designation of an applicant or an agent as a common representative.

Rule 42 Description content

(1) The description shall:

(a)
Specify the technical field to which the invention relates;
(b)
Indicate the prior art which, to the extent that the applicant knows, may be considered useful for the understanding of the invention, the preparation of the European search report and the examination of the patent application European and preferably cite documents reflecting this state of the art;
(c)
Expose the invention, as it is characterized in the claims, in terms allowing the understanding of the technical problem, even if it is not expressly designated as such, and that of the solution of the problem; also indicate, the Where applicable, the advantages of the invention in relation to the prior art;
(d)
Briefly describe the figures of the drawings, if any;
(e)
Indicate in detail at least one embodil of the claimed invention, using examples, if appropriate, and referring to the drawings, if any;
(f)
Explain, in the case where it is not clear from the description or nature of the invention, the manner in which the invention is susceptible of industrial application.

(2) The description shall be presented in the manner and in the order shown in par. 1, unless due to the nature of the invention, a different presentation is no longer concise or allows for a better understanding.

Rule 43 Form and content of claims

(1) The claims shall define, by indicating the technical features of the invention, the subject matter of the application for which protection is sought. Where applicable, the claims shall contain:

(a)
A preamble mentioning the designation of the subject matter of the invention and the technical features which are necessary for the definition of the claimed subject matter but which, in combination, form part of the prior art;
(b)
A characterizing part introduced by the expression "characterised in" or "characterised by" and exhibiting the technical characteristics for which, in conjunction with the characteristics indicated in the let. (a), protection is sought.

(2) Without prejudice to s. 82, a European patent application may not contain more than one independent claim of the same category (product, process, device or use) only if the subject-matter of the application relates to:

(a)
Several products that are related to each other;
(b)
Different uses of a product or device; or
(c)
Alternatives to a particular problem to the extent that these solutions cannot be adequately covered by a single claim.

(3) Any claim setting out the essential features of the invention may be followed by one or more claims concerning particular modes of embodiing the invention.

(4) Any claim which contains all the characteristics of another claim (dependent claim) shall contain a reference to that other claim, if possible in the preamble, and specify the characteristics Additional. A dependent claim may also refer directly to another dependent claim. All dependent claims referring to one or more earlier claims must, to the greatest extent possible, be grouped in the most appropriate manner.

(5) The number of claims shall be reasonable, taking into account the nature of the claimed invention. The claims must be numbered consecutively in Arabic numerals.

(6) Except in the case of absolute necessity, the claims shall not be based on references to the description or drawings in respect of the technical features of the invention. In particular, they should not contain expressions such as "as described in part ... of the description" or "as illustrated in the figure ... of the drawings".

(7) If the European patent application contains drawings comprising reference signs, the technical characteristics referred to in the claims shall in principle be followed by the reference signs to those features, put between In parentheses, if the understanding of the claim is facilitated. The signs of reference cannot be interpreted as a limitation of the claim.

Rule 44 Unity of invention

(1) Where a plurality of inventions is claimed in a European patent application, the requirement of unity of invention provided for in s. 82 if there is a technical relationship between those inventions, relating to one or more identical or corresponding particular technical elements. The term "special technical elements" refers to the technical elements which determine a contribution of each of the claimed inventions, considered as a whole, in relation to the state of the art.

(2) In determining whether a number of inventions are related in such a way that they form a single general inventive concept, it is irrelevant whether the inventions are the subject of separate claims or are presented as Variations within a single claim.

Rule 45 Claims giving rise to payment of fees

(1) If there are more than fifteen claims in a European patent application, claims fees shall be paid for all claims from the sixteenth in accordance with the Fees Regulations. 1

(2) Claims fees shall be paid within one month of the filing of the first set of claims. If the claims fees are not paid within the time limit, they may still be paid within one month of the notification indicating that the time limit has not been observed.

(3) If a claim fee is not paid within the time limit, the corresponding claim shall be deemed abandoned.


1 New content according to Art. 1 para. 1 of the D of the Executive Board of 6 March 2008, in force since 1 Er Apr 2008 ( RO 2008 1745 ).

Rule 46 Form of drawings

(1) The useful surface of the sheets containing the drawings shall not exceed 26.2 cm × 17 cm. The useful surface or surface used for these sheets shall not include frames. The minimum margins are as follows:

Top margin: 2.5 cm

Left margin: 2.5 cm

Right margin: 1.5 cm

Bottom margin: 1 cm

(2) The drawings shall be executed as follows:

(a)
The drawings must be executed in durable lines and strokes, black, sufficiently dense and dark, uniformly thick and well delimited, without colours or lavis.
(b)
The cuts must be indicated by hatchings which should not interfere with easy reading of the reference signs and guidelines.
(c)
The scale of the drawings and their graphic execution must be such that an electronic or photographic reproduction made with a linear reduction to the two thirds makes it possible to distinguish without penalty all the details. If, by exception, the scale appears on a drawing, it must be represented graphically.
(d)
All figures, letters and reference signs in the drawings must be simple and clear. The use of parentheses, circles, or quotation marks, in combination with numbers and letters, is not allowed.
(e)
All lines of drawings must in principle be drawn using technical drawing instruments.
(f)
The elements of the same figure must be proportionate to each other, unless a difference in proportion is indispensable for the clarity of the figure.
(g)
The height of the numerals and letters shall not be less than 0.32 cm. The Latin alphabet and, if it is the usual practice, the Greek alphabet, should be used when letters appear on the drawings.
(h)
A single drawing sheet may contain several figures. When figures drawn on several sheets are intended to be a single figure, they shall be presented so that the whole figure can be composed without having to hide any part of the figures which are on the Different sheets. The different figures shall be arranged, preferably vertically, on one or more sheets, each of which is clearly separated from the others but without a lost place. When the figures are not arranged vertically, they shall be presented horizontally, the upper part of the figures being oriented on the left side of the sheet; they shall be numbered consecutively in Arabic numerals, Regardless of the numbering of the leaves.
(i)
Reference signs may be used for drawings only if they appear in the description and in the claims and vice versa. The reference signs of the same elements shall be uniform throughout the application.
(j)
Drawings must not contain text , With the exception of a few key words such as "water", "steam", "open", "closed", "cup after AB", where these are essential for understanding the drawings. These keywords must be placed in such a way that their possible translation can be substituted without hiding any line of the drawings.

(3) Process step diagrams and diagrams are deemed to be drawings.

Rule 47 Form and content of the abstract

(1) The abstract shall state the title of the invention.

(2) The abstract shall contain a concise summary of what is set out in the description, claims and drawings. The abstract must indicate the technical field to which the invention belongs and must be written in such a way as to allow a clear understanding of the technical problem, the essence of the solution of this problem by means of invention and use Principal or main uses of the invention. The abstract shall contain, where appropriate, the chemical formula which, among those contained in the patent application, best characterizes the invention. It shall not contain statements relating to the alleged benefits or value of the invention or its possible applications.

(3) The abstract shall not, preferably, contain more than one hundred and fifty words.

(4) If the European patent application contains drawings, the applicant shall indicate the figure of the design or, exceptionally, the figures of the drawings which should be published with the abstract. The European Patent Office may decide to publish one or more other figures if it considers that they are more characteristic of the invention. Each of the essential characteristics mentioned in the abstract and illustrated by the drawing must be followed by a reference sign in brackets.

(5) The abstract shall be drafted in such a way as to constitute an effective selection instrument in the technical field in question. In particular, it must be able to assess whether it is appropriate to consult the patent application itself.

Rule 48 Prohibited Items

(1) The European patent application shall not contain:

(a)
Elements or drawings contrary to ordre public or morality;
(b)
Disparaging statements about third party products or processes or the merit or validity of patent or third-party patent applications. Simple comparisons with the state of the art are not considered to be disparaging in themselves;
(c)
Manifestly irrelevant or extraneous elements.

(2) Where the application contains elements or drawings referred to in s. 1 (a), the European Patent Office may omit the application as published, indicating the place and the number of words and drawings omitted.

(3) Where the application contains declarations referred to in s. 1 (b), the European Patent Office may omit the application as published, indicating the place and number of words omitted. The European Patent Office shall, on request, provide a copy of the omitted passages.

Rule 49 General provisions relating to the presentation of application documents

(1) Any translation produced in accordance with s. 14, para. 2, or Rule 40, para. 3, is deemed to be a part of the European patent application.

(2) The parts of the application shall be presented in such a way as to enable their reproduction both electronic and direct, in particular by means of digitisation, photography, electrostatic processes, offset and microfilm in Unlimited number of copies. The leaves should not be torn, wrinkled or folded. Only one side of the leaves should be used.

(3) The application documents shall be furnished on soft, strong, white, smooth, matte and durable paper of A4 size (29.7 cm × 21 cm). Subject to subs. 9 and Rule 46, para. 2 (h), each sheet must be used so that the small sides are located at the top and bottom (vertical direction). 1

(4) Each part of the application (request, description, claims, drawings, abstract) shall commence on a new sheet. All sheets must be assembled in such a way that they can be easily deciduous and easily separated and reunited.

(5) Subject to Rule 46, para. 1, the minimum margins must be:

Top margin: 2 cm

Left margin: 2.5 cm

Right margin: 2 cm

Bottom margin: 2 cm

The recommended maximum of the above margins is as follows:

Top margin: 4 cm

Left margin: 4 cm

Right margin: 3 cm

Bottom margin: 3 cm

(6) All sheets of the application shall be numbered consecutively in Arabic numerals. The numbers of the leaves should be recorded at the top of the leaves in the middle, but not in the top margin.

(7) The lines of each sheet of the description and the claims shall, in principle, be numbered from five in five, the numbers being on the left side, to the right of the margin.

(8) The request for grant of the European patent, the description, the claims and the abstract shall be typed or printed. Only symbols and graphic characters, chemical or mathematical formulae can be handwritten or drawn, if necessary. For typed text, the interline must be 1 ½. All texts must be written in characters whose upper case is at least 0.21 cm high in a black and indelible colour.

(9) The request for grant of the European patent, the description, the claims and the abstract shall not contain any drawings. The description, claims and abstract may include chemical or mathematical formulae. The description and the abstract may include tables. The claims may contain tables only if the object of the claims in fact shows the interest. Tables and mathematical or chemical formulae may be arranged horizontally on the sheet if they cannot be presented properly vertically. Tables or mathematical or chemical formulae presented horizontally shall be arranged in such a way that the upper parts of the tables or formulae are oriented on the left side of the sheet.

(10) The values shall be expressed in units conforming to international standards, and, where applicable, according to the metric system using SI units. Any indication that does not meet this requirement must also be expressed in units that comply with international standards. Only the words, forms, signs and technical symbols generally accepted in the field concerned shall be used. 2

(11) The terminology and signs used must be uniform throughout the European patent application.

(12) No sheet shall be erased more than reasonable and shall not contain any corrections. Derogations from this rule may be permitted if the authenticity of the content is not in question and if they do not adversely affect the conditions necessary for good reproduction.


1 New content according to Art. 1 para. 5 of the Board of Directors, 21 Oct. 2008, effective from 1 Er Apr 2009 ( RO 2009 2539 ).
2 New content according to Art. 1 para. 5 of the Board of Directors, 21 Oct. 2008, effective from 1 Er Apr 2009 ( RO 2009 2539 ).

Rule 50 Documents subsequently produced

(1) Rules 42, 43 and 46 to 49 shall apply to documents replacing parts of the European patent application. Rule 49, para. 2 to 12, also applies to translations of the claims referred to in Rule 71.

(2) All documents other than the application documents must, in principle, be typed or printed. A margin of approximately 2.5 cm must be reserved on the left side of the sheet.

(3) Except for the annexes, documents subsequent to the filing of the application shall be signed. If a document is not signed, the European Patent Office shall invite the person concerned to remedy the deficiency within a period specified by the Office. If the document is signed on time, it shall retain the benefit of its date. Otherwise, the document is deemed not to be filed.

Chapter III Annual fees

Rule 51 Payment of annual fees

(1) The annual fee payable for the coming year for a European patent application shall expire on the last day of the month of the anniversary of the filing date of the European patent application. The annual fee may not be validly paid more than three months before its expiry. 1

(2) If an annual fee is not paid within the time limit, it may still be paid within six months from the due date, subject to payment of a surcharge within that time limit.

(3) The annual fees payable in respect of an application prior to the date on which a divisional application is filed shall also be paid for the divisional application on the date of filing. These fees and any annual fee payable within a period of four months from the filing of the divisional application may be paid without surcharge within that period. The s. 2 is applicable.

(4) If the failure to comply with a time limit has resulted in a European patent application being refused or deemed to have been withdrawn, and the applicant has been reinstated in his rights under s. 122, an annual fee:

(a)
That would have expired in accordance with s. 1 during the period beginning on the date on which the loss of rights occurred, and up to the date on which the decision restoring the rights was served, falls on that date.
This fee and any annual fee payable within a period of four months from that date may still be paid without surcharge within four months of the latter date. The s. 2 is applicable.
(b)
Which had already expired on the date on which the loss of rights occurred, without the time limit prescribed in s. 2, however, has already expired, may still be paid within six months from the date on which the decision reinstating the rights is served, subject to payment of the surtax referred to in subs. 2 within this period.

(5) If the Grand Board of Appeal reopens the proceedings before the Board of Appeal under s. 112 Bis , paras. 5, second sentence, an annual fee:

(a)
That would have expired in accordance with s. 1 during the period beginning on the date on which the decision of the Board of Appeal was made subject to the request for review, and up to the date on which the decision of the Grand Board of Appeal was served Concerning the reopening of the proceedings before the Board of Appeal, falls on that date. This fee and any annual fee due within four months from that date may still be paid without surtax Within four months from that date. The s. 2 is applicable;
(b)
Which had already expired on the date on which the decision of the Board of Appeal was made, without the time limit laid down in s. 2, however, has already expired, may still be paid within six months from the date on which the decision of the Grand Board of Appeal relating to the reopening of proceedings before the Board of Appeal is served, under The payment of the surtax referred to in subs. 2 within this period.

(6) Where a new European patent application is filed in accordance with Art. 61, para. 1 (b), no annual fee is payable in respect of the year in which the application was filed and any previous year.


1 New content according to Art. 1 para. 6 of the Board of Directors, 21 Oct. 2008, effective from 1 Er Apr 2009 ( RO 2009 2539 ).

Chapter IV Priority

Rule 52 Priority Declaration

(1) The declaration of priority referred to in s. 88, para. 1, indicates the date of the earlier filing, the State party to the Paris Convention or the member of the World Trade Organization in which or for which it was made and the number of that deposit. The first sentence shall apply in the case provided for in Art. 87, para. 5.

(2) The declaration of priority should preferably be made when the European patent application is filed. It may still be carried out within a period of sixteen months from the earliest priority date claimed.

(3) The applicant may correct the declaration of priority within a period of sixteen months from the earliest priority date or, where the correction results in a change to the earliest priority date, within a time limit of 16 months from the earliest corrected priority date, the period of sixteen months which expires first to be applied, on the understanding that the correction may be requested up to the expiration of a period of four months from the date of Date of filing accorded to the European patent application.

(4) However, a declaration of priority may not be made or corrected after a motion has been made under s. 93, para. 1 (b).

(5) The indications contained in the declaration of priority are mentioned in the published European patent application and in the specification of the European patent.

Rule 53 Priority Documents

(1) An applicant who claims a priority must file a copy of the earlier application within sixteen months of the earliest priority date. This copy and the filing date of the earlier application must be certified by the administration to which that application was filed.

(2) A copy of the earlier application shall be deemed to have been duly filed if a copy of that application, which is available to the European Patent Office, must be placed on the file of the European patent application under the conditions determined by the European Patent Office. President of the European Patent Office.

(3) Where the earlier application is not in an official language of the European Patent Office and the validity of the priority claim is relevant in determining whether the invention concerned is patentable, the European Office of the Shall invite the applicant or proprietor of the European patent to produce, within a time limit which he or she impartial, a translation of that application into one of the official languages. Instead of this translation, a declaration may be made that the European patent application is a complete translation of the earlier application. Paragraph 2 shall apply. If the required translation of an earlier application is not filed within the time limit, the right of priority arising out of that application shall be lost for the European patent application or the European patent. The applicant or proprietor of the European patent shall be informed accordingly. 1


1 New content according to Art. 1 of the D of the Administrative Council of 27 June 2012, in force since 1 Er Apr 2013 ( RO 2013 929 ). See also disp. And trans. Of this mod. At the end of the text.

Rule 54 Issuance of Priority Documents

On request, the European Patent Office shall issue to the applicant a certified copy of the European patent application (the priority document), under the conditions laid down by the President of the European Patent Office, such as In particular the form of the priority document and the cases in which an administrative fee is to be paid.

Part Four Implementing provisions of the fourth part of the Convention

Chapter I Examination by the Receiving Section

Rule 55 Examination at Depot

If it is the result of an examination under s. 90, para. 1, that the application does not meet the requirements of Rule 40, para. 1 (a) or (c), para. 2 or para. 3, first sentence, the European Patent Office shall notify the applicant of the deficiencies found and inform it that, if not remedied within a period of two months, the application will not be processed as a European patent application. If the applicant remediates the deficiencies within that period, the date of filing granted by the Office shall be notified to him.

Rule 56 Missing parts of description or drawings

(1) If it is the result of an examination under s. 90, para. 1, that parts of the description, or drawings referred to in the description or in the claims, do not appear to be included in the application, the European Patent Office shall invite the applicant to file the parts Missing within two months. The applicant may not rely on the omission of such a notification.

(2) If missing parts of the description or missing drawings are filed after the filing date, but within two months from the filing date or, where an invitation is issued pursuant to s. 1, within two months from that invitation, the date of filing of the application shall be the date on which the missing parts of the description or missing drawings have been filed. The European Patent Office shall inform the applicant accordingly.

(3) If the missing parts of the description or drawings are filed within the time limit set out in s. 2, and if the application claims the priority of an earlier application, the filing date remains the date on which the requirements of Rule 40, para. 1, provided that the missing parts of the description or missing drawings are fully contained in the earlier application and that, within the time limit set out in subs. 2, the applicant makes the request and:

(a)
A copy of the earlier application, unless such a copy is available to the European Patent Office under Rule 53, para. 2;
(b)
Where the earlier application is not in an official language of the European Patent Office, a translation of the earlier application into one of those languages, unless such translation is available to the Office European Patent Rules under Rule 53, para. 3, and
(c)
Indicates where the missing parts of the description or missing drawings are fully contained in the earlier application and, if so, in the translation thereof.

(4) If the applicant:

(a)
Does not file missing parts of the description or drawings within the time limit set out in s. 1 or 2, or
(b)
Withdraws, in accordance with subs. 6, missing parts of the description or drawings filed pursuant to s. 2, references referred to in s. 1 is deemed to be deleted and the missing parts of the description or drawings are deemed not to have been filed. The European Patent Office shall inform the applicant accordingly.

(5) If the applicant does not meet the requirements set out in s. 3 (a) to (c) within the time limit prescribed in s. 2, the filing date of the application is the date on which the missing parts of the description or drawings were filed. The European Patent Office shall inform the applicant accordingly.

(6) Within one month of the notification referred to in s. 2 or 5, last sentence, the applicant may withdraw missing parts of the description or missing drawings filed, in which case the new date shall be deemed not to have been allocated. The European Patent Office shall inform the applicant accordingly.

Rule 57 Review of formal requirements

If a filing date has been accorded to a European patent application, the European Patent Office shall examine, in accordance with Art. 90, para. 3:

(a) 1
If the translation of the application required under s. 14, para. 2, of Rule 36, para. 2, second sentence, or Rule 40, para. 3, second sentence, has been filed on time;
(b)
If the request for grant of a European patent meets the requirements of Rule 41;
(c)
If the application contains one or more claims in accordance with s. 78, para. 1 (c), or a reference to a previously filed application in accordance with Rule 40, para. 1 (c), 2 and 3, stating that it also replaces the claims;
(d)
If the application contains an abstract in accordance with Art. 78, para. 1 (e);
(e)
If the filing fee and the search fee have been paid in accordance with Rule 17, para. 2, Rule 36, para. 3, or Rule 38;
(f)
If the designation of the inventor was made in accordance with Rule 19, para. 1;
(g)
Where applicable, if the requirements of Rules 52 and 53 concerning the priority claim are met;
(h)
Where applicable, if the requirements of s. 133, para. 2;
(i)
If the application meets the requirements of Rule 46 and Rule 49, para. 1 to 9 and 12;
(j) 2
If the application meets the requirements of Rule 30.

1 New content according to Art. 1 para. 2 of the D of the Governing Council of 25 March 2009, in force since 1 Er Apr 2010 ( RO 2010 471 ).
2 New content according to Art. 1 para. 7 of the Board of Directors, 21 Oct. 2008, effective from 1 Er Apr 2009 ( RO 2009 2539 ).

Rule 58 Correction of Irregularities in Application Documents

If the European patent application does not comply with the requirements of Rule 57 (a) to (d), (h) and (i), the European Patent Office shall notify the applicant accordingly and invite him to remedy the deficiencies within a period of two months. The description, claims and drawings may be amended only to the extent necessary to remedy these deficiencies.

Rule 59 Irregularities in the priority claim

If the filing number of the earlier application referred to in Rule 52, para. 1, or the copy of that application referred to in Rule 53, para. 1, has not been produced within the time limit, the European Patent Office shall notify the applicant and invite him to produce it within a time limit which it shall specify.

Rule 60 Subsequent Designation of the Inventor

(1) If the designation of the inventor has not been made in accordance with Rule 19, the European Patent Office shall notify the applicant that the European patent application will be rejected if that designation is not made within a period of sixteen months to From the filing date or, if priority has been claimed, from the priority date, on the understanding that that period is deemed to have been complied with if the information is communicated before the end of the technical preparations for the publication of the European patent application.

(2) If the designation of the inventor has not been made in accordance with Rule 19 in a divisional application or a new application filed pursuant to Art. 61, para. 1 (b), the European Patent Office shall invite the applicant to make such designation within a time limit which it shall specify.

Chapter II European Research Report

Rule 61 Content of the European search report

(1) The European search report shall cite the documents available to the European Patent Office on the date of establishment of the report, which may be taken into account in assessing the novelty and inventive step of the invention. The European patent application.

(2) Each document shall be cited in relation to its claims. Where applicable, the relevant parts of the cited document are identified.

(3) The European search report shall distinguish between the cited documents which were published before the priority date, between the priority date and the filing date and on or after the filing date.

(4) Any document referring to an oral disclosure, use or other disclosure having taken place before the date of filing of the European patent application shall be cited in the European search report specifying the date of publication of the Document, if it exists, and the unwritten disclosure.

(5) The European search report shall be drawn up in the language of the proceedings.

(6) The European search report refers to the classification of the subject matter of the European patent application according to the international classification.

Rule 62 Extended European Research Report

(1) The European search report shall be accompanied by an opinion as to whether the application and the invention in question appear to satisfy the requirements of this Convention, unless a notification can be issued to the Title of Rule 71, para. 1 or 3.

(2) The notice referred to in s. 1 is not published with the search report.

Rule 62 Bis 1 Requests containing multiple independent claims

(1) If the European Patent Office considers that the claims as filed are not in accordance with Rule 43, para. 2, it invites the applicant to indicate, within a period of two months, the claims in accordance with Rule 43, para. 2, on the basis of which the search must be carried out. If the applicant does not provide this indication in a timely manner, the search is carried out on the basis of the first claim in each category.

(2) The Examining Division shall invite the applicant to limit the claims to the elements that have been the subject of the search, unless it finds that the objection referred to in s. 1 was not justified.


1 Introduced by Art. 1 para. 1 of the D of the Governing Council of 25 March 2009, in force since 1 Er Apr 2010 ( RO 2010 83 ). See also disp. End. Of this mod. At the end of the text.

Rule 63 1 Incomplete search

(1) If the European Patent Office considers that the European patent application is not in conformity with the provisions of the Convention, to the extent that a significant search on the state of the art cannot be carried out in respect of all or part of the The claimed subject matter, it invites the applicant to file, within a period of two months, a statement indicating the elements to be searched.

(2) If the return referred to in s. 1 is not produced within the time limit or if it does not remedy the irregularity referred to in s. 1, the European Patent Office shall establish either a reasoned statement to the effect that the European patent application is not in conformity with the provisions of the Convention, to the extent that a significant search on the state of the art cannot be In respect of all or part of the claimed subject matter, or, to the extent possible, a partial search report. The reasoned statement or the partial search report shall be considered, for the purposes of the subsequent procedure, as the European search report.

(3) Where a partial search report has been established, the Examining Division shall invite the applicant to limit the claims to the elements that have been the subject of the search, unless it finds that the objection referred to in subs. 1 was not justified.


1 New content according to Art. 1 para. 2 of the D of the Governing Council of 25 March 2009, in force since 1 Er Apr 2010 ( RO 2010 83 ). See also disp. End. Of this mod. At the end of the text.

Rule 64 European search report in case of lack of unity of invention

(1) If the European Patent Office considers that the European patent application does not comply with the requirement of unity of invention, it shall establish a partial search report for the parts of the application relating to the invention, or to the plurality Inventions within the meaning of s. 82, first mentioned in the claims. It shall notify the applicant that if the European search report is to cover the other inventions, a new search fee must be paid for each invention concerned within two months. The European search report shall be established for the parts of the application relating to the inventions for which the search fees have been paid. 1

(2) Any fee paid under s. 1 shall be refunded if, during the examination of the European patent application, the applicant so requires and the Examining Division finds that the notification issued in accordance with par. 1 was not justified.


1 New content according to Art. 1 para. 3 of the D of the Governing Council of 25 March 2009, in force since 1 Er Apr 2010 ( RO 2010 83 ).

Rule 65 Transmission of the European search report

As soon as it is established, the European search report shall be transmitted to the applicant together with copies of all the documents cited.

Rule 66 Final content of the abstract

When establishing the European search report, the European Patent Office simultaneously adopts the final content of the abstract and forwards it to the applicant with the search report.

Chapter III Publication of the European patent application

Rule 67 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 deemed to have been completed.

(2) The application shall not be published if it has been definitively rejected or withdrawn or is deemed to be withdrawn before the technical preparations for publication have been completed.

Rule 68 Form of publication of European patent applications and European search reports

(1) The publication of the European patent application shall contain the description, the claims and, where appropriate, the drawings, as filed, together with the abstract or, if those documents have not been filed in a The official language of the European Patent Office, their translation into the language of the proceedings, and, in the Annex, the European search report if it is available before the end of the technical preparations for publication. If the search report or abstract is not published on the same date as the application, it shall be published separately.

(2) The President of the European Patent Office shall determine the form in which applications are published and the particulars to be included therein. This also applies when the European search report and the abstract are published separately.

(3) The designated Contracting States shall be indicated in the published application.

(4) If the claims have not been filed on the filing date of the application, this shall be indicated at the time of publication. If, prior to the completion of the technical preparations for the publication of the application, the claims have been amended under Rule 137, para. 2, new or amended claims shall be included in the publication in addition to the claims as filed.

Rule 69 1 Publication information

(1) The European Patent Office shall notify the applicant of the date on which the European Patent Bulletin mentions the publication of the European search report and draws its attention to the provisions of Rule 70, para. 1, art. 94, para. 2, and Rule 70 Bis , paras. 1.

(2) If the notification referred to in s. 1 indicates a date of publication which is later than the effective date of publication, the later date shall be considered to be decisive for the time limits referred to in Rule 70, para. 1, and Rule 70 Bis , paras. 1, unless the error is obvious.


1 New content according to Art. 1 para. 4 of the D of the Governing Council of 25 March 2009, in force since 1 Er Apr 2010 ( RO 2010 83 ).

Rule 70 Request for examination

(1) The applicant may file a request for examination of the European patent application until the expiration of six months from the date on which the European Patent Bulletin referred to the publication of the search report European. The query cannot be removed.

(2) If the request for examination is made before the European search report has been sent to the applicant, the European Patent Office shall invite the applicant to declare, within a time limit which it shall specify, whether he wishes to maintain his application, and Gives it the opportunity to take a position on the European search report and to amend, where appropriate, the description, claims and drawings.

(3) If the applicant does not respond within the time limit to the invitation issued pursuant to s. 2, the application is deemed to be withdrawn.

Chapter IV Review by the Examining Division

Rule 70 Bis 1 Response to the extended European search report

(1) In the opinion accompanying the European search report, the European Patent Office shall give the applicant the opportunity to take a position on the extended European search report and, where appropriate, invite the applicant to remedy the deficiencies In the said notice and to amend the description, claims and drawings within the time limit laid down in Rule 70, para. 1.

(2) In the case referred to in Rule 70, para. 2, or if a supplementary European search report is established for a Euro-PCT application, the European Patent Office shall give the applicant the opportunity to take a position on the extended European search report and, if applicable, the invitation To remedy the deficiencies found in the notice accompanying the European search report and to amend the description, claims and drawings within the time limit set for it to declare whether it wishes to maintain its application.

(3) If the applicant does not respond to an invitation issued pursuant to s. 1 or 2 or takes a position on this invitation, the application is deemed to be withdrawn.


1 Introduced by Art. 1 para. 5 of the D of the Governing Council of 25 March 2009, in force since 1 Er Apr 2010 ( RO 2010 83 ). See also disp. End. Of this mod. At the end of the text.

Rule 70 Ter 1 Request to copy search results

(1) If the European Patent Office finds, at the time when the Examining Division becomes competent to examine the application, that the copy referred to in Rule 141, para. 1, has not been filed by the applicant and is not deemed to have been duly filed under Rule 141, para. 2, it invites the applicant to submit, within two months, that copy or a declaration that the search results referred to in Rule 141, para. 1, are not yet available.

(2) If the applicant does not respond within the time limit to the invitation issued pursuant to s. 1, the European patent application shall be deemed to be withdrawn.


1 Introduced by Art. 1 para. 2 of the Board of Directors, 28 Oct. 2009, effective from 1 Er Jan 2011 ( RO 2010 4443 ). See also disp. End. Of this mod. At the end of the text.

Rule 71 Examination procedure

(1) In any notification issued pursuant to s. 94, para. 3, the Examining Division shall invite the applicant, where appropriate, to remedy the deficiencies found and to amend the description, the claims and the drawings within a time limit which it shall specify.

(2) Notification under s. 94, para. 3, must be reasoned and indicate, where appropriate, all the grounds which preclude the grant of the European patent.

(3) Before taking the decision to grant the European patent, the Examining Division shall notify the applicant of the text in which it intends to grant the European patent, as well as the relevant bibliographic data. In that notification, the Examining Division invites the applicant to pay the fee for grant and publication and to produce a translation of the claims in the two official languages of the European Patent Office other than the The language of the proceedings within four months. 1

(4) If the text in which it is intended to grant the European patent contains more than fifteen claims, the Examining Division shall invite the applicant to pay within the period laid down in par. 3 of the claims fees for all claims from the sixteenth, to the extent that such fees have not already been paid under Rule 45 or Rule 162. 2

(5) If, within the time limit set out in s. 3, the applicant shall pay the fees referred to in s. 3 and, if applicable, at para. 4, and produces the translations referred to in s. 3, it shall be deemed to have given its agreement on the text notified to it in accordance with paragraph 3. 3 and have verified the bibliographic data. 3

(6) If, within the time limit set out in s. 3, the applicant shall require reasoned amendments or corrections concerning the notified text or maintain the latest version of the text which it has submitted, the Examining Division shall issue a new notification in accordance with subs. 3 to the extent that it approves such amendments or corrections; if it does not, it shall take over the examination procedure. 4

(7) If the fee for grant and publication, or the claims fees are not paid within the time limit, or if the translations are not filed within the time limit, the European patent application shall be deemed to be withdrawn. 5

(8) to (11) ... 6


1 New content according to Art. 1 para. 1 of the Board of Directors, 26 Oct. 2010, effective from 1 Er Apr 2012 ( RO 2011 3303 ). See also disp. End. Of this mod. At the end of the text.
2 New content according to Art. 1 para. 1 of the Board of Directors, 26 Oct. 2010, effective from 1 Er Apr 2012 ( RO 2011 3303 ). See also disp. End. Of this mod. At the end of the text.
3 New content according to Art. 1 para. 1 of the Board of Directors, 26 Oct. 2010, effective from 1 Er Apr 2012 ( RO 2011 3303 ). See also disp. End. Of this mod. At the end of the text.
4 New content according to Art. 1 para. 1 of the Board of Directors, 26 Oct. 2010, effective from 1 Er Apr 2012 ( RO 2011 3303 ). See also disp. End. Of this mod. At the end of the text.
5 New content according to Art. 1 para. 1 of the Board of Directors, 26 Oct. 2010, effective from 1 Er Apr 2012 ( RO 2011 3303 ). See also disp. End. Of this mod. At the end of the text.
6 Repealed by Art. 1 para. 1 of the Board of Directors, 26 Oct. 2010, with effect from 1 Er Apr 2012 ( RO 2011 3303 ).

Rule 71 Bis 1 Conclusion of the grant procedure

(1) The decision to grant the European patent shall be taken if all the fees have been paid, if a translation of the claims in the two official languages of the European Patent Office other than the language of the proceedings has been filed And if there is agreement on the text in which it is intended to grant the European patent. This decision indicates the text of the European patent application on the basis of which it was taken.

(2) The Examining Division may resume the examination procedure at any time up to the decision to grant the European patent.

(3) If the designation fee expires after the notification referred to in Rule 71, para. 3, the mention of the grant of the European patent shall be published only when the designation fee is paid. The applicant is informed accordingly.

(4) If an annual fee expires after the notification referred to in Rule 71, para. 3, and before the earliest possible date of publication of the mention of the grant of the European patent, this statement shall be published only when the annual fee is paid. The applicant is informed accordingly.

(5) If the applicant has already paid the fee for issue and publication or the claims fees in response to an invitation under Rule 71, para. 3, the amount paid shall be taken into account if such an invitation is issued again.

(6) If the European patent application is rejected, or if it is withdrawn or deemed to be withdrawn before the meaning of the decision on the grant of a European patent, the fee for grant and publication shall be refunded.


1 Introduced by Art. 1 para. 2 of the Board of Directors, 26 Oct. 2010, effective from 1 Er Apr 2012 ( RO 2011 3303 ). See also disp. End. Of this mod. At end of text

Rule 72 Issuance of the European patent to several applicants

If different persons are registered in the European Patent Register as holders of the patent application in different Contracting States, the European Patent Office shall accordingly grant the European patent for each of those Contracting States.

Chapter V European patent

Rule 73 Contents and shape of the fascicle

(1) The specification of the European patent shall include the description, the claims and, where appropriate, the drawings. It also mentions the period within which the European patent may be subject to opposition.

(2) The President of the European Patent Office shall determine the form in which the fascicle is published and the particulars to be included in it.

(3) The designated Contracting States shall be indicated in the specification.

Rule 74 European patent certificate

As soon as the European patent specification has been published, the European Patent Office shall issue a European patent certificate to the proprietor of the patent. The President of the European Patent Office shall determine the content, form and means of communication of the certificate and shall determine the cases in which an administrative fee must be paid.

Part Five Implementing provisions of Part Five of the Convention

Chapter 1 Opposition procedure

Rule 75 Waiver or Extinction of Patent

An opposition may be filed even if it has been abandoned to the European patent in all the designated Contracting States or if the patent has been extinguished in all those States.

Rule 76 Form and content of the opposition

(1) The opposition must be in writing and reasoned .

(2) The notice of opposition shall contain:

(a)
Indications concerning the opponent as provided for in Rule 41, para. 2 (c);
(b)
The number of the European patent against which the opposition is filed, together with the name of the proprietor of the patent and the title of the invention;
(c)
A declaration specifying the extent to which the European patent is challenged by the opposition, the grounds on which the opposition is based and the facts and evidence relied on in support of those grounds;
(d)
If the opponent has appointed an agent, the indications concerning the representative as provided for in Rule 41, para. 2 (d).

(3) The third part of the Regulations shall apply to the notice of opposition.

Rule 77 Rejection of the opposition as inadmissible

(1) If the Opposition Division finds that the opposition does not comply with s. 99, para. 1, or Rule 76, para. 2 (c), or does not designate the patent in question sufficiently, it shall reject the opposition as inadmissible, unless those deficiencies have been remedied before the expiry of the opposition period.

(2) If the Opposition Division finds that the opposition does not comply with the provisions other than those referred to in s. 1, it shall notify the opponent and invite him to remedy, within a time limit which it gives him, the irregularities found. If these deficiencies are not remedied within the time limit, the Opposition Division shall reject the opposition as inadmissible.

(3) The decision by which an opposition is rejected as inadmissible shall be notified, together with a copy of the notice of opposition, to the proprietor of the patent.

Rule 78 Procedure provided for when the patentee is not a qualified person

(1) If, in an opposition proceeding or during the opposition period, a third party provides evidence that it has brought proceedings against the proprietor of the European patent in order to obtain a decision within the meaning of s. 61, para. 1, the opposition proceedings shall be suspended, unless that third party declares in writing to the European Patent Office that he consents to the continuation of the proceedings. This consent is irrevocable. However, the procedure is suspended only when the Opposition Division considers the opposition admissible. Rule 14, para. 2 to 4, applicable.

(2) If a third party has been substituted, under s. 99, para. 4, to the previous holder for one or more designated Contracting States, the European patent maintained in the opposition proceedings may contain, for those States, claims, a description and drawings which are different from those of the patent Includes for other designated States.

Rule 79 Preparatory measures for the examination of the opposition

(1) The Opposition Division shall notify the proprietor of the patent of the notice of opposition and shall give him the opportunity to submit his observations and to amend, where appropriate, the description, the claims and the drawings within a time limit which it shall specify.

(2) If a number of oppositions have been filed, the Opposition Division shall notify the various objectors at the same time as the notification referred to in s. 1.

(3) The Opposition Division shall notify the other parties of any observations and modifications made by the proprietor of the patent, and shall invite them, if it deems it expedient, to reply within a time limit to their impartiality.

(4) In the event of an intervention under s. 105, the Opposition Division may refrain from applying the provisions of s. 1, 2 and 3.

Rule 80 Amendment of the European patent

Without prejudice to Rule 138, the description, claims and drawings may be amended to the extent that such amendments are made in order to respond to a ground of opposition referred to in Art. 100, even if that ground was not relied on by the opponent.

Rule 81 Examination of the opposition

(1) The Opposition Division shall examine the grounds for opposition referred to in the statement of the opponent referred to in Rule 76, para. 2 (c). It may also examine ex officio the grounds of opposition which have not been invoked by the opponent if they are likely to oppose the maintenance of the European patent.

(2) Notifications issued pursuant to s. 101, para. 1, second sentence, and replies to such notifications shall be sent to all parties. If the Opposition Division considers it appropriate, it shall invite the parties to reply within a time limit to their impartiality.

(3) In any notification issued pursuant to s. 101, para. 1, second sentence, it shall, if necessary, be given to the proprietor of the patent the possibility of amending, where appropriate, the description, the claims and the drawings. If necessary, the notification shall be reasoned and indicate the reasons for maintaining the European patent.

Rule 82 Maintenance of the European patent in a modified form

(1) Before taking the decision to keep the European patent in a modified form, the Opposition Division shall notify the parties of the text in which it intends to maintain the patent and invite them to submit their observations within a period of Two months if they disagree with this text.

(2) If a party does not agree with the text notified by the Opposition Division, the examination of the opposition may be continued. Otherwise, the Opposition Division shall, at the expiry of the period referred to in paragraph 1. 1, invites the proprietor of the European patent to pay the prescribed fee and to produce a translation of the amended claims in the official languages of the European Patent Office other than that of the procedure, within a period of three months. 1

(3) If the acts required by s. 2 are not completed within the time limit, they may still be completed within two months of the notification indicating that the time limit has not been complied with, subject to the payment of a surcharge within that period. Otherwise, the patent shall be revoked.

(4) The decision to keep the European patent in a modified form shall indicate the text of the patent on the basis of which it was taken.


1 New content according to Art. 1 para. 3 of the Board of Directors, 26 Oct. 2010, effective from 1 Er Apr 2012 ( RO 2011 3303 ).

Rule 83 Request documents

Documents mentioned by a party to the opposition proceedings must be filed with the notice of opposition or the written conclusions. If such documents are not attached to the said act or conclusions or filed in good time at the invitation of the European Patent Office, the latter may not take into account the arguments in support of which they are invoked.

Rule 84 Prosecution of opposition proceedings ex officio

(1) If the proprietor of the patent has waived the European patent in all the designated Contracting States, or if the patent has been extinguished in all those States, the opposition proceedings may be continued at the request of the opponent; that request shall be Submitted within two months of the notification by the European Patent Office informing the opponent of the renunciation or termination.

(2) If an opponent dies or becomes incapable, the opposition proceedings may be prosecuted ex officio, even without the participation of his heirs or legal representatives. The same applies to the withdrawal of the opposition.

Rule 85 Transfer of European patent

Rule 22 applies to the transfer of the European patent during the opposition period or during opposition proceedings.

Rule 86 Documents produced during opposition proceedings

The third part of the Regulations applies to documents produced during the opposition proceedings.

Rule 87 Content and form of the new European patent specification

The new specification of the European patent shall include the description, claims and drawings as amended. Rule 73, para. 2 and 3, and Rule 74 is applicable.

Rule 88 Fees

(1) The apportionment of costs shall be ordered in the decision on the objection. Only the expenditure necessary to ensure adequate defence of the rights in question is taken into account. Fees include compensation for representatives of the parties.

(2) The Opposition Division shall, on motion, determine the amount of the costs to be reimbursed by way of a decision on the allocation of res judicing. The statement of costs and supporting documents must be appended to this request. For the fixing of costs, it is sufficient that their presumption be established.

(3) A decision of the Opposition Division may be required within one month of the notification of the fixing of costs laid down in par. 2. The request shall be made in writing and shall be reasoned. It shall be deemed to be filed only after payment of the prescribed fee.

(4) The Opposition Division shall rule on the request under subs. 3 without oral proceedings.

Rule 89 Intervention of the alleged infringer

(1) The declaration of intervention must be made within three months from the date on which any of the shares referred to in s. 105 was introduced.

(2) The statement of intervention must be in writing and reasoned; Rules 76 and 77 shall apply. The declaration of intervention shall be deemed to have been made only after payment of the opposition fee.

Chapter II Procedure for Limitation or Revocation

Rule 90 Purpose of the procedure

The procedure for limitation or revocation referred to in s. 105 Bis Is the subject of the European patent as granted or as amended in the opposition or limitation procedure before the European Patent Office.

Rule 91 Competence for procedure

The Examining Division shall decide on requests for the limitation or revocation of the European patent submitted in accordance with Art. 105 Bis Art. 18, para. 2, is applicable.

Rule 92 Requirements to be met by the query

(1) A request for the limitation or revocation of a European patent shall be made in writing in one of the official languages of the European Patent Office. It may also be presented in an official language of a Contracting State, provided that a translation into one of the official languages of the European Patent Office is filed within the time limit under Rule 6, para. (2) The third part of the Regulations shall apply to documents produced during the limitation or revocation procedure. 1

(2) The request shall contain:

(a)
Indications concerning the proprietor of the European patent submitting the application (the applicant), as provided for in Rule 41, para. 2 (c), together with the indication of the Contracting States for which the applicant is the owner of the patent;
(b)
The number of the patent whose limitation or revocation is required, as well as the list of the Contracting States in which the patent has entered into force;
(c)
Where applicable, the name and address of the holders of the patent for the Contracting States in which the applicant is not the owner of the patent, as well as evidence that the applicant is authorized to act on their behalf in the proceedings;
(d)
Where the limitation of the patent is required, the complete text of the amended claims and, where applicable, the description and drawings as amended;
(e)
If the applicant has appointed an agent, the indications concerning the representative as provided for in Rule 41, para. 2 (d).

1 New content according to Art. 1 para. 13 of the Board of Directors, 21 Oct. 2008, effective from 1 Er Apr 2009 ( RO 2009 2539 ).

Rule 93 Primacy of opposition proceedings

(1) A request for limitation or revocation shall be deemed not to have been made if an opposition proceeding is pending against the patent on the date on which the request is made.

(2) If, on the date on which an opposition is filed against a European patent, a limitation procedure is pending against that patent, the Examining Division closes the limitation procedure and orders the refund of the Limitation. The refund of the fee referred to in Rule 95, para. 3, first sentence, is also ordered if the applicant has already paid that fee.

Rule 94 Rejection of the motion for inadmissibility

If the Examining Division finds that the request for limitation or revocation of the European patent does not comply with the requirements of Rule 92, it shall invite the applicant to remedy, within a time limit which it provides to it, the deficiencies found. If these deficiencies are not remedied within the time limit, the Examining Division shall reject the application as inadmissible.

Rule 95 Decision on the request

(1) If the request for revocation is admissible, the Examining Division shall revoke the patent and notify the applicant accordingly.

(2) If the request for limitation is admissible, the Examining Division shall examine whether the amended claims represent a limitation in relation to the claims of the patent as granted or as amended in the opposition procedure or Limitation, and if they satisfy s. 84 and art. 123, para. 2 and 3. If the request does not meet these requirements, the Examining Division gives the applicant a single opportunity to remedy the deficiencies found and to amend the claims and, where appropriate, the description and the drawings, in a The time limit it provides to it.

(3) Where a request for limitation under subs. 2, the Examining Division notifies the applicant and invites him to pay the prescribed fee and to produce a translation of the amended claims in the official languages of the European Patent Office other than the language of the proceedings, in A period of three months; Rule 82, para. 3, first sentence, shall apply. If the applicant carries out these acts within the time limit, the Examining Division limits the patent. 1

(4) If the applicant does not respond within the time limit to the notification issued pursuant to s. 2, if the request for limitation cannot be granted, or if the applicant does not carry out the acts required by subs. 3, the Examining Division rejects the request.


1 New content according to Art. 1 para. 4 of the Board of Directors, 26 Oct. 2010, effective from 1 Er Apr 2012 ( RO 2011 3303 ).

Rule 96 Content and form of the amended European patent specification

The amended European patent specification includes the description, claims and drawings as amended. Rule 73, para. 2 and 3, and Rule 74 is applicable.

Part Six Implementing provisions of Part Six of the Convention

Chapter I Appeal procedure

Rule 97 Remedies against allocation and fixing of costs

(1) No appeal shall be made solely for the apportionment of costs of the opposition proceedings.

(2) A decision fixing the amount of the costs of the opposition proceedings may be appealed only if the amount exceeds the amount of the appeal fee.

Rule 98 Waiver or Extinction of Patent

An appeal may be lodged against the decision of an opposition division even if the European patent has been renounced in all the designated Contracting States or if the patent has been extinguished in all those States.

Rule 99 Contents of the notice of appeal and the statement of grounds of appeal

(1) The notice of appeal must include:

(a)
The name and address of the applicant as provided for in Rule 41, para. 2 (c);
(b)
The indication of the contested decision, and
(c)
A request defining the subject-matter of the appeal.

(2) In the statement setting out the grounds of appeal, the applicant must present the grounds for annulment of the contested decision or the extent to which it is to be amended, as well as the facts and evidence on which the contested decision must be annulled. Recourse is well founded.

(3) The third part of the implementing regulation applies to the notice of appeal, to the statement of reasons for the action and to the documents produced during the appeal proceedings.

Rule 100 Review of appeal

(1) Unless otherwise disposed of, the provisions governing the proceedings before the proceeding which has made the contested decision shall apply to the appeal procedure.

(2) In the course of the review of the appeal, the Board of Appeal shall invite the parties, as often as necessary, to submit, within a time limit, their observations on the notifications addressed to them or on the Communications from other parties.

(3) If the applicant does not respond within the time limit to an invitation issued pursuant to s. 2, the application for a European patent shall be deemed withdrawn, unless the contested decision has been given by the legal division.

Rule 101 Rejection of the action for inadmissibility

(1) If the appeal does not comply with s. 106 to 108, Rule 97 or Rule 99, para. 1 (b) or (c) or. 2, the Board of Appeal rejects it as inadmissible, unless the deficiencies have been remedied before the expiry of the time limit applicable under Art. 108.

(2) If the Board of Appeal finds that the appeal is not in accordance with Rule 99, para. 1 (a), it shall notify the applicant accordingly and invite him to remedy the deficiencies found within a time limit which it shall specify. If those deficiencies are not remedied within the time limit, the Board of Appeal shall dismiss the action as inadmissible.

Rule 102 Form of decisions of the Boards of Appeal

The decision shall be authenticated by the President of the Board of Appeal and the Registry Officer of the Board empowered for that purpose, either by their signature or by any other appropriate means. The decision contains:

(a)
The indication that it was made by the Board of Appeal;
(b)
The date on which it was issued;
(c)
The names of the President and the other members of the Board of Appeal who took part in it;
(d)
The designation of the parties and their representatives;
(e)
The parties' requests;
(f)
Summary statement of facts;
(g)
The reasons;
(h)
The operative part, including, where appropriate, the decision on the costs of the proceedings.
Rule 103 1 Reimbursement of appeal fee

(1) The appeal fee shall be refunded in full:

(a)
In the case of interlocutory revision or where the Board of Appeal is entitled to the appeal, if the reimbursement is equitable because of a substantial procedural defect; or
(b)
Where the appeal is withdrawn before the filing of the statement setting out the grounds of appeal and before the expiry of the time limit for filing that submission.

(2) The appeal fee shall be refunded to 50 % where the appeal is withdrawn after the expiry of the period referred to in s. 1, let. (b) provided that the withdrawal occurs:

(a)
At least four weeks before the date of the oral proceedings, if such a date has been fixed; or
(b)
Before the expiry of the period allowed by the Board of Appeal in a notification inviting the applicant to submit his observations, if no date of oral proceedings has been fixed and such a notification has been issued by the Board of Appeal; or
(c)
Before the decision is rendered, in all other cases.

(3) In the case of interlocutory revision, the court whose decision is contested shall order the refund if it considers it to be fair by reason of a substantial procedural defect. In all other cases, the Board of Appeal shall decide on the refund.


1 New content according to Art. 1 of the Board of Directors of 13 Dec. 2013, in effect since 1 Er Apr 2014 ( RO 2014 2407 ). See also disp. End. Of this mod. At the end of the text.

Chapter II Request for review by the Grand Board of Appeal

Rule 104 Other fundamental procedural defects

There may be fundamental procedural defects within the meaning of s. 112 Bis , paras. 2 (d), where the Board of Appeal:

(a)
Did not, in violation of s. 116, an oral procedure required by the applicant; or
(b)
Has ruled on the appeal without ruling on a relevant motion for that decision.
Rule 105 Criminal offences

A request for review may be based on s. 112 Bis , paras. 2 (e), if the criminal offence has been established by a court or competent authority in a final decision; it is not necessary for a conviction to have been pronounced.

Rule 106 Obligation to raise objections

A motion under s. 112 Bis , paras. 2 (a) to (d), is admissible only if an objection has been raised against the procedural defect during the appeal proceedings and has been rejected by the Board of Appeal, unless such an objection has not been raised during the proceedings of Recourse.

Rule 107 Contents of the Request for Review

(1) The request shall include:

(a)
The name and address of the applicant as provided for in Rule 41, para. 2 (c);
(b)
Indication of the decision to be reviewed.

(2) The application shall set out the grounds for annulment of the decision of the Board of Appeal, as well as the facts and evidence on which it is based.

(3) The third part of the Regulations shall apply to the request for revision and to documents produced during the proceedings.

Rule 108 Reviewing the query

(1) If the motion does not comply with s. 112 Bis , paras. 1, 2 or 4, Rule 106 or Rule 107, para. 1 (b) or 2, the Grand Board of Appeal shall reject it as inadmissible, unless the deficiencies have been remedied before the expiry of the time limit applicable under Art. 112 Bis , paras. 4.

(2) If the Grand Chamber of Appeal finds that the request is not in accordance with Rule 107, para. 1 (a), it shall notify the applicant accordingly and invite him to remedy the deficiencies found within a time limit which it shall specify. If those deficiencies are not remedied within the time limit, the Grand Board of Appeal shall dismiss the action as inadmissible.

(3) If the motion is founded, the Grand Board of Appeal shall set aside the decision of the Board of Appeal and order the reopening of the proceedings before the competent Board of Appeal under Rule 12, para. 4. The Grand Board of Appeal may order that members of the Board of Appeal who have taken part in the annulled decision be replaced.

Rule 109 Procedure in case of request for review

(1) Except as otherwise provided, the provisions governing the procedure before the Boards of Appeal shall apply to the procedure set out in s. 112 Bis Rule 115, para. 1, second sentence, Rule 118, para. 2, first sentence, and Rule 132, para. 2, are not applicable. The Great Board of Appeal may not depart from Rule 4, para. 1, first sentence.

(2) The Grand Chamber of Appeal shall act:

(a)
In the formation of two legal members and one technician, when reviewing requests for revision and rejecting those which are manifestly inadmissible or unfounded; such a decision requires unanimity;
(b)
In a training of four legal members and one technician, where the request is not rejected in accordance with the let. (a).

(3) Where the Grand Board of Appeal shall sit in the training provided for in par. 2 (a), it shall act without the participation of the other parties and on the basis of the request.

Rule 110 Reimbursement of the request fee for review

The Grand Board of Appeal shall order the refund of the application fee for review when the proceedings before the Boards of Appeal are reopened.

Part Seven Implementing provisions of Part 7 of the Convention

Chapter I Decisions and notifications by the European Patent Office

Rule 111 Form of decisions

(1) Decisions taken in oral proceedings before the European Patent Office may be made at the hearing. They shall then be formulated in writing and served on the parties.

(2) The decisions of the European Patent Office against which an appeal is open must be reasoned and shall be accompanied by a warning that the decision in question is subject to appeal and which draws the attention of the Sections on the provisions of s. 106 to 108 of which the text is annexed. The parties cannot avail themselves of the omission of this warning.

Rule 112 Finding the loss of a right

(1) If the European Patent Office finds that a loss of rights has occurred without a decision rejecting the European patent application, grant, revocation or maintenance of the European patent or a decision concerning a measure Has not been taken, it shall notify the interested party.

(2) If the interested party is of the opinion that the conclusions of the European Patent Office are unfounded, it may, within two months of the notification referred to in par. 1, request a decision in this case. The European Patent Office shall take such a decision only where it does not share the views of the interested party; if it does not, it shall inform the latter.

Rule 113 Signature, name, seal

(1) Any decision, quotation, communication and notification of the European Patent Office shall be marked with the signature and the name of the official responsible.

(2) If a document referred to in s. 1 is produced by the responsible officer using a computer, a seal may replace the signature. If this document is produced automatically by computer, it is also not necessary to indicate the name of the responsible officer. This also applies to pre-printed notifications and communications.

Chapter II Observations of third parties

Rule 114 Observations of third parties

(1) The observations of third parties shall be submitted in writing in an official language of the European Patent Office and shall be reasoned. Rule 3, para. 3, is applicable.

(2) Such observations shall be notified to the applicant or proprietor of the patent, who may take a position.

Chapter III Oral Proceedings and Instruction

Rule 115 Quote to oral proceedings

(1) The summons of the parties to an oral proceeding in accordance with s. 116 refers to s. 2 of this Rule. It shall have a minimum period of two months, unless the parties agree to a shorter period.

(2) If a party regularly referred to an oral proceedings before the European Patent Office did not appear, the proceedings may be continued in its absence.

Rule 116 Preparation of oral proceedings

(1) In the citation, the European Patent Office shall indicate the matters which it considers necessary to consider for the purposes of the decision to be rendered. At the same time, it sets a date until which documents may be produced for the preparation of the oral procedure. Rule 132 is not applicable. New facts or evidence presented after that date may not be taken into consideration, unless it is appropriate to admit them because of a change in the facts of the case.

(2) If the applicant or owner of the patent has received notice of the reasons for the grant or maintenance of the patent, he or she may be invited to file, on or before the date referred to in s. 1, second sentence, of the documents satisfying the requirements of the Convention. The s. 1, third and fourth sentences, shall apply.

Rule 117 Decision ordering a measure of education

Where the European Patent Office deems it necessary to hear a party, witness or expert or conduct a descent on the premises, it shall, to that effect, make a decision setting out the proposed measure of inquiry, the relevant facts to that effect. Prove, as well as the day, time and place where the said measure is to be carried out. If the hearing of a witness or an expert has been requested by a party, the decision shall fix the period within which that party must disclose the name and address of the witness or expert.

Rule 118 Summons to appear before the European Patent Office

(1) The parties, witnesses or experts to be heard shall be referred to the European Patent Office.

(2) The summons of the parties, witnesses or experts shall be given a minimum period of two months, unless the parties agree to a shorter period. The quote must contain:

(a)
An extract of the decision referred to in Rule 117, specifying the day, time and place where the ordered appraisal shall be carried out and the facts on which the parties, witnesses or experts will be heard;
(b)
The names of the parties and the indication of the rights to which witnesses and experts may claim under Rule 122, para. 2 to 4;
(c)
An indication that any party, witness or expert may request to be heard by the competent judicial authorities of the State in which he has his domicile, in accordance with Rule 120, and an invitation to inform the Office The European Patent Office, within a prescribed period, if it is prepared to appear before the European Patent Office.
Rule 119 Enforcement of investigative measures before the European Patent Office

(1) The Examining Division, the Opposition Division and the Board of Appeal may instruct one of their members to proceed with the measures of inquiry.

(2) The parties, witnesses or experts shall be informed before their hearing that the European Patent Office may apply to the competent judicial authorities of the State in which they have their domicile to hear them again under oath or In another form which is also binding.

(3) The parties may attend the hearing and ask any question relevant to the party, witness or expert.

Rule 120 Hearing before the competent judicial authorities of a State

(1) A party, witness or expert quoted before the European Patent Office may apply to the European Patent Office for leave to be heard by the competent judicial authorities of the State in which he has his domicile. If such a request is made or no further action has been taken in respect of the quotation within the time limit specified in that quotation, the European Patent Office may, in accordance with Art. 131, para. 2, ask the competent judicial authorities to collect the evidence of the person concerned.

(2) If a party, witness or expert has been heard by the European Patent Office, the European Patent Office may, if it considers it desirable for the evidence to be collected under oath or otherwise as binding, to request, Pursuant to s. 131, para. 2, to the competent judicial authorities of the State in which the person concerned has his domicile to hear him again under those conditions.

(3) Where the European Patent Office requests a competent judicial authority to collect a statement, the European Patent Office may ask the competent judicial authority to collect the evidence under oath or in another form which is also binding. Members of the body concerned to attend the hearing of the party, the witness or the expert and to question him or her, either through that authority or directly.

Rule 121 Commission of Experts

(1) The European Patent Office shall decide the form in which the opinion of the expert it designates shall be presented.

(2) The mandate of the expert shall contain:

(a)
A precise description of the mission;
(b)
The time limit for the submission of its opinion;
(c)
The names of the parties to the proceedings;
(d)
An indication of the rights to which it may claim under Rule 122, para. 2 to 4.

(3) A copy of the written notice shall be given to the parties.

(4) The parties may challenge an expert. The relevant body of the European Patent Office shall decide on the recusal.

Rule 122 Instruction Charge

(1) The European Patent Office may make the execution of the Directive subject to the filing with the Office, by the party requesting that instruction, of a provision of which it fixes the amount by reference to an estimate of the costs.

(2) Witnesses or experts who have been cited by the European Patent Office and appear before the European Patent Office shall be entitled to an adequate reimbursement of their travel and subsistence expenses. An advance may be granted on these costs. This also applies to persons appearing before the European Patent Office without having mentioned them and are heard as witnesses or experts.

(3) Witnesses who are entitled to a rebate under s. 2 are also entitled to adequate compensation for loss of profits; experts shall be entitled to fees for the remuneration of their work. Such allowances or fees shall be paid to witnesses or experts after the performance of their duties or tasks.

(4) The Administrative Board shall determine the arrangements for the application of s. 2 and 3. The amounts due under these provisions shall be paid by the European Patent Office.

Rule 123 Retention of Evidence

(1) The European Patent Office may, on motion, proceed without delay to a measure of inquiry, with a view to maintaining evidence of fact which may affect a decision which it is likely to be required to make in respect of a patent application European patent, where it is necessary to understand that the Directive will not become more difficult or even impossible in the future. The date of the appraisal must be notified to the applicant or to the patent holder in good time to enable him/her to participate in the appraisal. It can ask any relevant questions.

(2) The request shall contain:

(a)
Indications concerning the applicant as provided for in Rule 41, para. 2 (c);
(b)
Sufficient indications for the identification of the European patent application or the European patent in question;
(c)
An indication of the facts that require the measure of instruction;
(d)
The indication of the educational measure;
(e)
A statement of the reason for the presumption that the education may be more difficult or even impossible at a later date.

(3) The request shall not be deemed to have been filed until the prescribed fee has been paid.

(4) The decision on the application and any resulting action shall be taken by the body of the European Patent Office, which would have been called upon to make the decision likely to be affected by the facts of which the evidence must be Provided. The provisions concerning education in proceedings before the European Patent Office shall apply.

Rule 124 Minutes of oral proceedings and instructions

(1) Oral proceedings and instructions shall result in the preparation of a verbatim record of the oral proceedings or of the proceedings, the relevant statements of the parties and the statements of the parties, witnesses or Experts as well as the result of any descent on the premises.

(2) The record of the testimony of a witness, an expert or a party shall be read to him, shall be submitted to him for his knowledge or, where the record is recorded by technical means, shall be heard by him as long as he does not Waive this right. Notice is given to the minutes that this formality has been completed and that the minutes have been approved by the author of the statement. Where the minutes are not approved, mention shall be made of the objections raised. It is not necessary to have the minutes reheard or to have it approved if the evidence was recorded verbatim and directly using technical means.

(3) The minutes shall be authenticated by the officer in charge of the proceedings and by the officer who conducted the oral proceedings or the instruction, either by their signature or by any other appropriate means. 1

(4) A copy of the minutes shall be given to the parties.


1 New content according to Art. 1 ch. 2 of the Board of Directors, 15 Oct. 2014, in force since 1 Er Apr 2015 ( RO 2015 4199 ).

Chapter IV Acronyms

Rule 125 General provisions

(1) The European Patent Office shall automatically mean all decisions and quotations, as well as notifications or communications which run a time limit or whose meaning is provided for in other provisions of the Convention or prescribed by the President of the European Patent Office. The meanings shall relate to the original of the part, on a copy of that piece certified or bearing the seal of the European Patent Office, on a printout made by computer and bearing such seal or on an electronic part Containing such a seal or certified by another means. Copies of parts produced by the parties themselves do not require such certification. 1

(2) The direct meaning is:

(a) 2
By a postal service in accordance with Rule 126;
(b) 3
By means of electronic communication in accordance with Rule 127;
(c)
By delivery to the premises of the European Patent Office in accordance with Rule 128;
(d)
By publication according to Rule 129.

(3) Service through the central industrial property office of a Contracting State shall be effected in accordance with the law applicable to that service in national procedures.

(4) If the European Patent Office is unable to prove that it has been duly served, or if the provisions relating to service have not been complied with, the European Patent Office shall not be able to prove that it has been duly served On the date on which the European Patent Office proves that it has been received.


1 New content according to Art. 1 ch. 3 of the D of the 15 Oct Board of Directors. 2014, in force since 1 Er Apr 2015 ( RO 2015 4199 ).
2 New content according to Art. 1 ch. 3 of the D of the 15 Oct Board of Directors. 2014, in force since 1 Er Apr 2015 ( RO 2015 4199 ).
3 New content according to Art. 1 ch. 3 of the D of the 15 Oct Board of Directors. 2014, in force since 1 Er Apr 2015 ( RO 2015 4199 ).

Rule 126 1 Service by postal service

(1) Decisions that make a time limit for filing an appeal or making a request for review, quotations and any other documents for which the President of the European Patent Office prescribes that such use shall be made Service shall be served by registered letter with acknowledgement of receipt or equivalent. Other meanings by a postal service are made by registered letter.

(2) Where service is effected in accordance with paragraph 1, the letter shall be deemed to have been delivered to the addressee on the tenth day after it has been delivered to the postal service provider, unless it has received or received it A later date; in case of dispute, it is the responsibility of the European Patent Office to establish that the letter has reached its destination or to establish, where appropriate, the date of its delivery to the addressee.

(3) The meaning of par.1 shall be deemed to have been made even if the letter has been refused.

(4) If service by a postal service is not fully regulated by paragraphs 1 to 3, the applicable law shall be that of the State in which the service is effected.


1 New content according to Art. 1 ch. 4 of the D of the 15 Oct Board of Directors. 2014, in force since 1 Er Apr 2015 ( RO 2015 4199 ).

Rule 127 1 Meaning by means of electronic communication

(1) Service may be effected by means of electronic communication determined by the President of the European Patent Office and under the conditions laid down by it.

(2) Where service is effected by means of electronic communication, the electronic part shall be deemed to be delivered to the addressee on the tenth day after its transmission, unless it has reached its destination or is not Reached at a later date; in the event of a dispute, it is the responsibility of the European Patent Office to establish that the electronic part has reached its destination or to establish, where appropriate, the date on which it reached the Destination.


1 New content according to Art. 1 ch. 5 of the Board of Directors, 15 Oct. 2014, in force since 1 Er Apr 2015 ( RO 2015 4199 ).

Rule 128 Direct delivery service

Service may be effected on the premises of the European Patent Office by direct delivery of the coin to the addressee who acknowledges receipt thereof. Service shall be deemed to be effected even if the addressee refuses to accept or acknowledge receipt of the coin.

Rule 129 Public Service

(1) If it is not possible to know the address of the addressee or the meaning provided for in Rule 126, para. 1, proved impossible even after a second attempt, the meaning is made in the form of publication.

(2) The President of the European Patent Office shall determine the terms of publication and the starting point of the period of one month at the expiry of which the document is deemed to be served.

Rule 130 Service to Agent or Representative

(1) If a representative has been appointed, the meanings shall be given to him.

(2) If more than one representative has been appointed for a single party, it shall be sufficient for the service to be served on one of them.

(3) If several parties have a common representative, it is sufficient that the meaning be made to the common representative.

Chapter V Timeliness

Rule 131 Calculation of Time Limits

(1) The time limits shall be fixed in whole years, months, weeks or days.

(2) The time limit shall start from the day following the day on which the event was held by reference to which its starting point is fixed, which may be an act or the expiry of an earlier period. Unless otherwise disposed of, where the act is a service, the relevant event shall be the reception of the document served.

(3) Where a time limit is expressed in one or more years, it shall expire, in the subsequent year to be taken into consideration, the month with the same name and the day having the same number as the month and the day on which the said event occurred; if the month Subsequent to be taken into account shall not have a day having the same number, the time limit shall expire on the last day of that month.

(4) Where a time limit is expressed in one or more months, it shall expire, in the subsequent month to be taken into account, on the day having the same number as the day on which the said event took place; if the subsequent month to be taken into consideration does not Day having the same number, the period under consideration shall expire on the last day of that month.

(5) Where a time limit is expressed in one or more weeks, it shall expire, in the week to be taken into consideration, on the day bearing the same name as the day on which the said event occurred.

Rule 132 Time limits for the European Patent Office

(1) Where the Convention or the Regulations refer to a "time limit", the time limit shall be set by the European Patent Office.

(2) Except as otherwise provided, a time limit set by the European Patent Office may not be less than two months or more than four months; in certain circumstances, it may be extended to six months. In certain specific cases, the time limit may be extended upon request before its expiry.

Rule 133 Late Receipts

(1) A document received late by the European Patent Office shall be deemed to have been received within the time limit where, before the expiration of the time limit and in accordance with the conditions laid down by the President of the European Patent Office, the said part has, in Time, was given to a recognized postal service provider, unless it was received more than three months after the expiration of the time limit. 1

(2) Le par. 1 is applicable in the case of acts performed with the competent authority referred to in Art. 75, para. 1 (b) or 2 (b).


1 New content according to Art. 1 ch. 7 of the D of the 15 Oct Board of Directors. 2014, in force since 1 Er Apr 2015 ( RO 2015 4199 ).

Rule 134 Extension of time limits

(1) If a time limit expires on a day at which one of the receiving offices of the European Patent Office within the meaning of Rule 35, by. 1, is not open for receipt of documents, i.e., a day on which the mail is not distributed, for reasons other than those indicated in par. 2, the time limit shall be extended until the first day after which all the receiving offices are open to receive these documents and where the mail is distributed. The first sentence shall apply if documents filed by one of the electronic means of communication authorized by the President of the European Patent Office under Rule 2, para. 1, cannot be received. 1

(2) If a time limit expires on a day on which a general disturbance in the distribution or delivery of mail occurs in a Contracting State, the time limit shall be extended until the first day following the end of that period of disturbance for the Parties who have their domicile or registered office in that State or who have appointed representatives who have their professional domicile in that State. Where the State concerned is the State in which the European Patent Office has its seat, this provision shall apply to all parties and their representatives. This paragraph shall apply to the time limit under Rule 37, para. 2.

(3) paras. 1 and 2 shall apply in respect of acts performed with the competent authority referred to in Art. 75, para. 1 (b) or 2 (b).

(4) The start and end dates of a possible disturbance within the meaning of s. 2 are published by the European Patent Office.

(5) Without prejudice to s. 1 to 4, any interested party may provide evidence that, in any of the ten days prior to the expiry of a time limit, the distribution or delivery of the mail was disrupted due to exceptional circumstances Such as natural calamity, war, civil disorder, general breakdown of any of the electronic means of communication authorised by the President of the European Patent Office in accordance with Rule 2, para. 1, or for other similar reasons that have affected the locality where the interested party or his agent has his or her domicile or seat. If the evidence adduced is convincing for the European Patent Office, the document received late will be deemed to have been received within the time limit, provided that the shipment or delivery of the mail has been effected by the fifth Day following the end of the disturbance. 2


1 New content according to Art. 1 ch. 8 of the D of the 15 Oct Board of Directors. 2014, in force since 1 Er Apr 2015 ( RO 2015 4199 ).
2 New content according to Art. 1 ch. 9 of the Board of Directors, 15 Oct. 2014, in force since 1 Er Apr 2015 ( RO 2015 4199 ).

Rule 135 Continuing the procedure

(1) The proceedings under s. 121, para. 1, shall be required, by payment of the prescribed fee, within two months of the notification of failure to comply with a time limit or loss of rights. The uncompleted act must be done within the time limit for the submission of the request.

(2) The time limits referred to in s. 121, para. 4, as well as the time limits laid down in Rule 6, para. 1, in Rule 16, para. 1 (a), Rule 31, para. 2, Rule 36, para. 2, Rule 40, para. 3, Rule 51, para. 2 to 5, Rule 52, para. 2 and 3, Rules 55, 56, 58, 59, 62 Bis , 63, 64, Rule 112, para. 2 and Rule 164, para. 1 and 2. 1

(3) The body that has jurisdiction to rule on the omitted act shall decide on the request for further proceedings.


1 New content according to Art. 1 para. 2 of the Board of Directors, 16 Oct. 2013, in effect since 1 Er Nov 2014 ( RO 2014 3275 ).

Rule 136 Restitutio in integrum

(1) The application for restitutio in integrum provided for in s. 122, para. 1, must be submitted in writing within two months of the cessation of the prevention, but no later than one year after the expiry of the period not observed. However, a request for restitutio in integrum in respect of any of the time limits laid down in Art. 87, para. 1, and art. 112 Bis , paras. 4, must be submitted within two months of the expiry of that period. The request for restitutio in integrum shall be deemed to be made only after payment of the prescribed fee.

(2) The motion shall state the reasons for the request and indicate the facts. The uncompleted act must be done within the time limit for filing the application which is applicable under subs. 1.

(3) The time limits for which the continuation of proceedings may be required under s. 121, as well as the time limit for submitting a request for restitutio in integrum.

(4) The body which has jurisdiction to rule on the omitted act shall decide on the application for restitutio in integrum.

Chapter VI Amendments and Corrections

Rule 137 1 Amendment of the European patent application

(1) Unless otherwise disposed of, the applicant shall not amend the description, claims or drawings of a European patent application until the European search report has been received.

(2) In addition to any comments, corrections or amendments made in response to notifications issued by the European Patent Office under Rule 70 Bis , paras. 1 or 2, or Rule 161, para. 1, the applicant may simultaneously, on his own initiative, amend the description, the claims and the drawings.

(3) All other amendments are subject to the authorization of the Examining Division.

(4) Where amendments are made in accordance with subsection (1). 1 to 3, the applicant shall identify them and indicate their basis in the application as filed. If the Examining Division finds that one of these two requirements is not met, it may request that the irregularity be remedied within a period of one month.

(5) The amended claims shall not relate to elements which have not been searched and which are not related to the invention or to the plurality of inventions originally claimed in such a way as to form a single inventive concept General. Nor shall they relate to items which have not been searched in accordance with Rule 62 Bis Or Rule 63.


1 New content according to Art. 1 para. 7 of the D of the Governing Council of 25 March 2009, in force since 1 Er Apr 2010 ( RO 2010 83 ). See also disp. End. Of this mod. At the end of the text.

Rule 138 Different claims, descriptions and drawings for different states

If the European Patent Office is informed of the existence of an earlier right within the meaning of Art. 139, para. 2, the European patent application or the European patent may contain, for that State or those States, claims and, where applicable, a description and drawings which are different from those which the application or patent contains for other designated States.

Rule 139 Correction of errors in the documents filed with the European Patent Office

Errors of expression or of transcription and errors in any documents filed with the European Patent Office may be rectified upon request. However, if the request for correction relates to the description, the claims or the drawings, the rectification must be obvious in that it appears immediately that no text other than that resulting from the correction has Could be considered by the applicant.

Rule 140 Rectification of errors in decisions

In the decisions of the European Patent Office, only errors of expression, transcription and manifest errors can be rectified.

Chapter VII Information on prior art

Rule 141 1 State of the art information

(1) An applicant who claims a priority within the meaning of s. 87 must produce a copy of the results of any research carried out by the administration with which the earlier application was filed, in conjunction with the European patent application, at the time of entry into the European phase if it is Of a Euro-PCT application, or without delay as soon as those results are at its disposal.

(2) The copy referred to in s. 1 is deemed to be duly filed if it is available to the European Patent Office and if it is to be placed on the file of the European patent application under the conditions laid down by the President of the European Patent Office.

(3) Without prejudice to s. 1 and 2, the European Patent Office may invite the applicant to communicate, within two months, information on the state of the art within the meaning of Art. 124, para. 1.


1 New content according to Art. 1 para. 1 of the Board of Directors, 28 Oct. 2009, effective from 1 Er Jan 2011 ( RO 2010 4443 ). See also disp. End. Of this mod. At the end of the text.

Chapter VIII Interruption of proceedings

Rule 142 Adjournment of procedure

(1) Proceedings before the European Patent Office shall be discontinued:

(a)
In the case of death or incapacity, either of the applicant or of the proprietor of the European patent, or of the person who is entitled, under the national law of the applicant or of the proprietor of the patent, to represent either. However, if such events do not affect the power of the agent designated pursuant to s. 134, the proceedings shall be interrupted only at the request of the representative;
(b)
If the applicant or proprietor of the patent is in a legal impossibility to continue the proceedings because of an action taken against his property;
(c)
In the event of death or incapacity of the representative of the applicant or of the representative of the proprietor of the patent, or if the representative is in legal impossibility to continue the proceedings on account of an action brought against his property.

(2) If the European Patent Office is aware of the identity of the person entitled to continue the proceedings in the cases referred to in s. 1 (a) or (b), it shall notify that person and, where appropriate, to any other party that the procedure will be resumed at the expiration of the time limit which it has granted.

(3) In the case referred to in s. 1 (c), the procedure shall be resumed when the European Patent Office is notified of the appointment of a new representative of the applicant or where the Office has notified the other parties that a new representative of the proprietor of the patent has been appointed. If, within three months of the start of the interruption of the proceedings, the European Patent Office has not received an opinion on the appointment of a new representative, it shall notify the applicant or the owner of the patent that:

(a)
In the case referred to in s. 133, para. 2, the European patent application is deemed to be withdrawn or the European patent is revoked, if the notice is not filed within two months of that notification, or
(b)
In the other cases, the procedure shall be resumed with the applicant or the proprietor of the patent as from the service of that notification.

(4) The time limits in progress at the date of the interruption of the proceedings, with the exception of the time limit for filing the request for examination and payment of the annual fees, shall start to run in full from the date of the resumption of the proceedings. Procedure. If that date falls within two months before the expiration of the time limit for filing the request for examination, the request may still be filed within two months of that date.

Chapter IX Public Information

Rule 143 Enrolment in the European Patent Register

(1) The following entries shall be entered in the European Patent Register:

(a)
The European patent application number;
(b)
The filing date of the application;
(c)
The title of the invention;
(d)
The classification symbols assigned to the application;
(e)
The designated Contracting States;
(f)
Indications concerning the applicant or owner of the patent as provided for in Rule 41, para. 2 (c);
(g)
The name, first name and address of the inventor designated by the applicant or the owner of the patent, unless the inventor has waived the right to be mentioned as such under Rule 20, para. 1;
(h)
Indications concerning the representative of the applicant or owner of the patent as provided for in Rule 41, para. 2 (d); in the case of a plurality of representatives, only the indications concerning the first representative cited, followed by the words'and others', and in the case of a group referred to in Rule 152, para. 11, only its name and address;
(i)
Indications relating to priority (date, State and filing number of the earlier application);
(j)
In the case of division of the application, the number of all divisional applications;
(k)
In the case of a divisional application or a new application filed pursuant to s. 61, para. 1 (b), the indications referred to in letters (a), (b) and (i) in respect of the earlier application;
(l)
The date of publication of the application and, if applicable, the date of publication of the European search report;
(m)
The date of submission of the request for examination;
(n)
The date on which the application is refused, withdrawn or deemed to be withdrawn;
(o)
The date of publication of the mention of the grant of the European patent;
(p)
The date of revocation of the European patent in a Contracting State during the opposition period and, where appropriate, during the period ending on the date on which the decision on the opposition passed by force of res judic;
(q)
The date of filing of the act of objection;
(r)
The date and nature of the decision on the objection;
(s)
The dates of the suspension and resumption of proceedings in the cases referred to in Rule 14 and Rule 78;
(t)
The dates of the interruption and resumption of proceedings in the case referred to in Rule 142;
(u)
The date of reinstatement in a right, provided that a reference has been entered under (n) or (r);
(v)
The filing of a request for conversion in accordance with Art. 135, para. 3;
(w)
The establishment of rights in the application or on the European patent and the transfer of such rights, provided that the inclusion of such entries is provided for in these Regulations.
X)
The date and nature of the decision on the request for the limitation or revocation of the European patent;
(y)
The date and nature of the decision of the Grand Board of Appeal relating to the request for review.

(2) The President of the European Patent Office may prescribe that entries other than those provided for in s. 1 shall be entered in the European Patent Register.

Rule 144 Parts of the file excluded from the inspection

Excluded from public inspection, pursuant to s. 128, para. 4, the documents in the following file:

(a)
The documents concerning the abstention or the objection of members of the Boards of Appeal or the Grand Chamber of Appeal;
(b)
Draft decisions and notifications, as well as any other documents used in the preparation of decisions and notifications and are not communicated to the parties;
(c)
The documents concerning the designation of the inventor if he has waived the right to be mentioned as such under Rule 20, para. 1;
(d)
Any other room excluded from public inspection by the President of the European Patent Office on the ground that its consultation would not be for the purposes of informing the public as regards the European patent application or the European patent.
Rule 145 Procedures for public inspection

(1) The inspection of files of European patent applications and European patents shall be carried out either on the original documents, or on copies thereof, or on technical means of storing data if the files are kept In this form.

(2) The President of the European Patent Office shall lay down all the arrangements for public inspection, including the cases in which an administrative fee must be paid.

Rule 146 Communication of information contained in files

Subject to the limitations of s. 128, para. 1 to 4, and Rule 144, the European Patent Office may, on request, communicate information contained in the files of European patent applications or European patents, subject to the payment of an administrative fee. However, the European Patent Office may indicate the possibility of using public inspection of the file, if it considers it appropriate because of the amount of information to be provided.

Rule 147 Constitution, record keeping and retention

(1) The European Patent Office shall constitute, maintain and maintain records for all European patent applications and all European patents.

(2) The President of the European Patent Office shall determine the form in which these files are constituted, kept and kept.

(3) Documents incorporated in an electronic record shall be considered to be originals.

(4) The records shall be kept for a period of at least five years after the expiration of the year in which

(a)
The application was rejected, withdrawn or deemed to be withdrawn;
(b)
The patent has been revoked by the European Patent Office;
(c)
The corresponding patent or protection referred to in Art. 63, para. 2, has expired in the last of the designated States.

(5) Without prejudice to s. 4, files relating to applications which have given rise to the filing of divisional applications within the meaning of Art. 76, or to new applications within the meaning of s. 61, para. 1 (b) shall be kept for at least the same duration as the file corresponding to any of the latter. This also applies to the patent files to which these requests have been made.

Chapter X Legal and administrative assistance

Rule 148 Communications between the European Patent Office and the administrations of the Contracting States

(1) The European Patent Office and the central industrial property offices of the Contracting States shall correspond directly when the communications they exchange arise from the application of this Convention. The European Patent Office and the courts or other administrations of the Contracting States may correspond through these central services.

(2) The costs resulting from any communication under subs. 1 is the responsibility of the administration which has made the communication; these communications do not give rise to the collection of any fees.

Rule 149 Communication of files to or through the courts and administrations of the Contracting States

(1) The communication of the files of European patent applications or European patents to the courts and administrations of the Contracting States shall relate either to the original documents or to copies thereof; Rule 145 shall not apply.

(2) The courts and public prosecutors of the Contracting States may, in the course of proceedings before them, communicate to third parties the files or copies of files transmitted to them by the European Patent Office. Such communications shall be made in accordance with Art. 128 and do not result in the payment of any fee.

(3) When transmitting files, the European Patent Office shall indicate the restrictions which may be submitted in accordance with Art. 128, para. 1 and 4, the communication to third parties of a file.

Rule 150 Procedure of letters rogatory

(1) Each Contracting State shall designate a central authority responsible for receiving letters rogatory from the European Patent Office and forwarding them to the court or competent authority for the purpose of enforcement.

(2) The European Patent Office shall draw up the letters rogatory in the language of the court or competent authority or attach a translation into that language.

(3) Without prejudice to s. 5 and 6, the court or competent authority shall apply the national law in respect of the procedure for the execution of letters rogatory and, in particular, the appropriate means of restraint.

(4) In the case of incompetence in the jurisdiction or administration required, the letters rogatory shall be returned ex officio and without delay to the central administration provided for in subs. 1. The latter shall transmit the letters rogatory to another court or competent authority of that State, or to the European Patent Office if no jurisdiction or jurisdiction is competent in that State.

(5) The European Patent Office shall be informed of the date and place where the instruction or any other judicial action shall be taken, and shall inform the parties, witnesses and experts concerned.

(6) At the request of the European Patent Office, the competent jurisdiction or authority shall authorise the members of the body concerned to attend the execution and to question any person making a statement either directly or by The intermediary of that court or administration.

(7) The execution of letters rogatory shall not give rise to the refund of any fees or charges of any kind. However, the State in which the letters rogatory are executed shall have the right to require the Organization to reimburse the allowances paid to the experts or interpreters and the costs resulting from the procedure provided for in subs. 6.

(8) If the legislation applied by the court or the competent authority leaves it to the parties to gather the evidence, and if that court or administration is not in a position to execute the letters rogatory itself, it may, with The consent of the European Patent Office to appoint a person entitled to do so. In requesting such consent, the court or competent authority shall indicate the approximate amount of the costs resulting from that intervention. The consent of the European Patent Office shall require the Organization to reimburse such costs; if the Organization has not given its consent, the Organization shall not be liable for such costs.

Chapter XI Representation

Rule 151 Designation of a common representative

(1) If an application is filed by more than one person and the request for grant of the European patent does not designate a common representative, the applicant first cited in the application shall be deemed to be the common representative. However, if one of the applicants is subject to the obligation to appoint a professional representative, that representative shall be deemed to be the common representative, unless the applicant named in the first place has himself appointed a professional representative. This also applies to third parties acting jointly to form an opposition or to submit a declaration of intervention, as well as to co-holders of a European patent.

(2) If the European patent application is transferred to more than one person and these persons have not designated a common representative, s. 1 is applicable. If its application is not possible, the European Patent Office shall invite the right holders to appoint this common representative within a period to be specified by the European Patent Office. If it is not referred to this invitation, the European Patent Office shall appoint the common representative.

Rule 152 Power

(1) The President of the European Patent Office shall determine the cases in which the agents acting before the European Patent Office must file a signed authorisation.

(2) Where an agent does not file such a power of attorney, the European Patent Office shall invite him to remedy it within a time limit which it shall specify. If the power is given for several European patent applications or for several European patents, it must be provided with a corresponding number of copies.

(3) If the requirements of s. 133, para. 2, the same time limit shall be laid down for the appointment of a representative and for the filing of power.

(4) Any party may give a general power of attorney authorizing an agent to represent him or her for all patent matters concerning him or her. This power may be filed in one copy only.

(5) The President of the European Patent Office may prescribe the form and content of:

(a)
The power of attorney to represent one of the persons referred to in s. 133, para. 2;
(b)
General power.

(6) If the required power is not filed within the time limit, the acts performed by the representative, with the exception of the filing of a European patent application, shall be deemed not to have been filed, without prejudice to other legal consequences provided for by the present Convention.

(7) paras. 2 and 4 are applicable to the revocation of power.

(8) A representative shall be deemed to have been authorised as long as the termination of his term of office has not been notified to the European Patent Office.

(9) Unless otherwise provided for, the power shall not terminate at the death of the principal in respect of the European Patent Office.

(10) If a party designates several agents, they, notwithstanding any provision to the contrary in the opinion of their constitution or power, may act either jointly or separately.

(11) The designation of an association of agents shall be deemed to confer the power to act on an agent who can prove that he or she exercises within the group.

Rule 153 Protection of professional secrecy 1

(1) Where a professional representative is consulted in that capacity, no person may be compelled, in proceedings before the European Patent Office, to disclose the communications exchanged in that regard between that representative and his principal or any other person Person and under s. 2 of the rules governing the discipline of professional representatives, unless the principal has expressly waived this right. 2

(2) In particular, any communication or document relating to:

(a)
An assessment of the patentability of an invention;
(b)
The preparation of the European patent application or the procedure relating thereto;
(c)
Any opinion concerning the validity, scope of protection or infringement of the subject matter of a European patent or of a European patent application.

1 New content according to Art. 1 para. 15 of the Board of Directors, 21 Oct. 2008, effective from 1 Er Apr 2009 ( RO 2009 2539 ).
2 New content according to Art. 1 para. 16 of the Board of Directors, 21 Oct. 2008, effective from 1 Er Apr 2009 ( RO 2009 2539 ).

Rule 154 Amendment of the list of professional representatives

(1) A professional representative shall be removed from the list of professional representatives on his application or if, despite repeated reminders, he has not paid the annual fee to the Institute before the end of September of the year for which the assessment Was due.

(2) Without prejudice to any disciplinary action taken pursuant to s. 134 Bis , paras. 1 (c), a professional representative may be removed from office only:

(a)
In the event of death or disability
(b)
If it no longer has the nationality of a Contracting State, unless it has obtained a derogation under Art. 134, para. 7 (a);
(c)
He no longer has his or her place of business or the place of employment in one of the Contracting States.

(3) Any person who has been placed on the list of professional representatives under s. 134, para. 2 or 3, and which is written off, shall be on request reinstated on that list if the grounds which led to its cancellation no longer exist.

Part Eight Implementing provisions of the eighth part of the Convention

Rule 155 Submission and transmission of the request for conversion

(1) A request for conversion referred to in s. 135, para. 1 (a) and (b) shall be submitted within three months of either the withdrawal of the European patent application, or the notification that the application is deemed to be withdrawn, or of the decision rejecting the application or revocation of the application. European patent. The European patent application shall cease to produce the effects referred to in Art. 66 if the request is not submitted on time.

(2) Where it transmits the request for conversion to the central industrial property offices of the Contracting States referred to therein, the central service concerned or the European Patent Office shall attach to the request a copy of the European patent application or European patent.

(3) Art. 135, para. 4, applies if the request for conversion referred to in s. 135, para. 1 (a) and (2) shall not be transmitted before the expiration of twenty months from the filing date or, if priority has been claimed, from the priority date.

Rule 156 Public information in case of transformation

(1) The documents attached to the request for conversion, in accordance with Rule 155, by. 2, shall be made available to the public by the national central industrial property service under the same conditions and within the same limits as the documents relating to the national procedure.

(2) The specification of the national patent resulting from the conversion of a European patent application shall include a reference to that application.

Part Ninth Provisions of the tenth part of the Convention

Rule 157 The European Patent Office as receiving Office

(1) The European Patent Office shall be competent to act as receiving Office under the PCT 1 , where the applicant has the nationality of a State party to this Convention and the PCT, or has his domicile or seat. If the applicant chooses the European Patent Office as receiving Office, the international application shall, without prejudice to s. 3, be filed directly with the European Patent Office. Art. 75, para. 2, is applicable.

(2) Where the European Patent Office acts as a receiving Office within the meaning of the PCT, the international application shall be filed in German, English or French. The President of the European Patent Office may decide that the international application and any related documents must be filed in addition to one copy.

(3) If an international application is filed with an administration of a Contracting State with a view to its transmission to the European Patent Office as receiving Office, the Contracting State shall take all necessary measures to ensure that the Request reaches the European Patent Office no later than two weeks before the expiration of the thirteenth month from its filing or, if priority is claimed, from the priority date.

(4) The transmittal fee for the international application shall be paid within one month from the filing of the application.


Rule 158 The European Patent Office as an International Searching Authority or International Preliminary Examining Authority

(1) In the case referred to in s. 17, para. 3 (a) PCT 1 , an additional international search fee must be paid for each of the other inventions to be the subject of an international search.

(2) In the case referred to in s. 34, para. 3 (a) PCT, an additional fee for international preliminary examination must be paid for each of the other inventions to be the subject of an international preliminary examination.

(3) Where an additional fee has been paid, the European Patent Office shall examine the reservation in accordance with Rule 40.2 (c) to (e) or Rule 68.3 (c) to (e) PCT, subject to payment of the prescribed protest fee. The President of the European Patent Office shall adopt the other provisions of this procedure.


Rule 159 The European Patent Office acting as designated or elected Office-Requirements for entry into the European phase

(1) In the case of an international application referred to in s. 153, the applicant shall carry out the following acts within thirty-one months from the filing date of the application or, if priority has been claimed, from the priority date:

(a)
Furnish, where applicable, the translation of the international application required under Art. 153, para. 4;
(b)
Specify the parts of the application, as filed or amended, on which the European grant procedure must be based;
(c)
Pay the filing fee set out in s. 78, para. 2;
(d) 1
Pay the designation fee if the time limit under Rule 39, para. 1, expired earlier;
(e)
Pay the search fee when a supplementary European search report is to be established;
(f)
Make the request for examination under s. 94 if the time limit under Rule 70, para. 1, expired earlier;
(g)
Pay the annual tax due for the third year under s. 86, para. 1, if this fee is due earlier in accordance with Rule 51, para. 1;
(h)
Produce, where applicable, the certificate of exposure referred to in s. 55, para. 2, and Rule 25.

(2) The Examining Divisions shall have jurisdiction to make decisions under s. 25, para. 2 (a) PCT 2 .


1 New content according to Art. 1 para. 18 of the Board of Directors, 21 Oct. 2008, effective from 1 Er Apr 2009 ( RO 2009 2539 ). See also disp. End. Of this mod. At the end of the text.
2 RS 0.232.141.1

Rule 160 1 Consequences of non-compliance with certain conditions

(1) If the translation of the international application is not filed within the time limit, if the request for examination is not filed within the time limit, if the filing fee, the search fee or the designation fee is not paid on time, the Application for a European patent shall be deemed withdrawn.

(2) If the European Patent Office finds that the application is deemed to be withdrawn under s. 1, it shall notify the applicant accordingly. Rule 112, para. 2, is applicable.


1 New content according to Art. 1 para. 19 of the Board of Directors, 21 Oct. 2008, effective from 1 Er Apr 2009 ( RO 2009 2539 ). See also disp. End. Of this mod. At the end of the text.

Rule 161 1 Change Request

(1) If the European Patent Office has acted as an International Searching Authority and, where a demand has been filed under Art. 31 PCT, the International Preliminary Examining Authority for a Euro-PCT application, it provides an opportunity for the applicant to take a position on the written opinion of the International Searching Authority or on the report International preliminary examination and, where appropriate, invite him to remedy the defects found in the written opinion or the international preliminary examination report and to amend the description, the claims and the drawings in a Period of six months from the corresponding notification. If the European Patent Office has established an additional international search report, the invitation under the first sentence concerns the explanations provided under Rule 45 Bis .7 (e) PCT. If the applicant does not respond to an invitation issued pursuant to the first or second sentence or takes a position on that invitation, the application shall be deemed to be withdrawn.

(2) Where the European Patent Office establishes a supplementary European search report for a Euro-PCT application, the application may be amended only once, within six months of notification by informing the applicant. The amended application forms the basis for further European research.


1 New content according to Art. 1 para. 1 of the Board of Directors, 26 Oct. 2010, effective from 1 Er May 2011 ( RO 2011 1513 ). See also disp. End. Of this mod. At the end of the text.

Rule 162 1 Claims giving rise to payment of fees

(1) If the documents of the application on which the European grant procedure is to be based include more than fifteen claims, claims fees shall be paid for all the claims from the sixteenth, In accordance with the Rules relating to Fees, within the time limit laid down in Rule 159, para. 1.

(2) If the claims fees are not paid within the time limit, they may still be paid within six months of the notification indicating that the time limit has not been observed. If amended claims are filed within that time limit, the claims fees payable shall be calculated on the basis of those amended claims.

(3) Claims fees paid within the period prescribed in s. 1 in addition to those payable pursuant to s. 2, second sentence, shall be refunded.

(4) If a claim fee is not paid within the time limit, the corresponding claim shall be deemed abandoned.


1 New content according to Art. 1 para. 2 of the Board of Directors, 26 Oct. 2010, effective from 1 Er May 2011 ( RO 2011 1513 ). See also disp. End. Of this mod. At the end of the text.

Rule 163 Examination of certain formalities by the European Patent Office

(1) If the designation of the inventor provided for in Rule 19, by. 1, was not made within the time limit under Rule 159, para. 1, the European Patent Office shall invite the applicant to make such designation within two months.

(2) If the priority of an earlier application is claimed and the filing number or the copy of the earlier application provided for in Rule 52, para. 1, and Rule 53 have not yet been filed within the time limit under Rule 159, para. 1, the European Patent Office shall invite the applicant to produce this number or copy within two months. Rule 53, para. 2, is applicable. 1

(3) If, at the expiration of the time limit under Rule 159, by. 1, a sequence listing established in accordance with the standard set out in the Administrative Instructions under the PCT has not been received by the European Patent Office, the applicant shall be invited to file within two months a sequence listing established In accordance with the rules adopted by the President of the European Patent Office. Rule 30, para. 2 and 3, is applicable.

(4) If, at the expiration of the time limit under Rule 159, by. 1, the address, the nationality, or the State of the domicile or the seat of an applicant are missing, the European Patent Office shall invite the applicant to provide such particulars within two months.

(5) If, at the expiration of the time limit under Rule 159, by. 1, he was not satisfied with the requirements of s. 133, para. 2, the European Patent Office shall invite the applicant to appoint a professional representative within two months.

(6) Where deficiencies are not remedied under subs. 1, 4 or 5 within the time limit, the European patent application is rejected. Where the deficiency is not remedied under subs. 2 within the time limits, the right of priority shall be lost for the application.


1 New content according to Art. 1 para. 20 of the Board of Directors, 21 Oct. 2008, effective from 1 Er Apr 2009 ( RO 2009 2539 ).

Rule 164 1 Unity of Invention and Supplementary Research

(1) If the European Patent Office considers that the parts of the application which are to serve as the basis for the supplementary European search do not satisfy the requirement of unity of invention:

(a)
It shall establish a partial supplementary search report for the parts of the application relating to the invention, or to the plurality of inventions within the meaning of Art. 82, first mentioned in the claims;
(b)
It notifies the applicant that if the supplementary European search report is to cover the other inventions, a new search fee must be paid within two months for each invention concerned; and
(c)
It draws up the supplementary European search report for the parts of the application relating to inventions for which search fees have been paid.

(2) If the supplementary European search report is renounced and the Examining Division considers that the parts of the application which are to serve as the basis for the examination claim an invention, or a group of inventions within the meaning of s. 82, which has not been searched by the European Patent Office as an International Searching Authority or an Administrative Authority indicated for the supplementary international search, the Examining Division:

(a)
Notify the applicant that a search will be carried out for any invention as described above for which a search fee is paid within a period of two months;
(b)
Sends the results of any search performed in accordance with the let. (a) with:
-
A notification under s. 94, para. 3, and Rule 71, para. 1 and 2, in which it gives the applicant the opportunity to take a position on those results and to amend the description, claims and drawings, or
-
A notification under Rule 71, para. 3;
And
(c)
Invite the applicant, if any, in the notification issued under the let. (b), to limit the application to an invention, or a plurality of inventions within the meaning of s. 82, for which the European Patent Office has established a search report as an International Searching Authority or an Administrative Authority indicated for the supplementary international search, or for which a Research was conducted in accordance with the procedure referred to in the let. (a).

(3) Rules 62 Bis And 63 shall apply mutatis mutandis to the procedure referred to in par. 2 (a).

(4) Rules 62 and 70, para. 2, do not apply to the results of any research conducted in accordance with s. 2.

(5) Any fee paid under s. 1 or 2 shall be refunded if the applicant so requires and the Examining Division finds that the notification issued pursuant to s. 1 (b) or 2 (a) was not justified.


1 New content according to Art. 1 para. 1 of the Board of Directors, 16 Oct. 2013, in effect since 1 Er Nov 2014 ( RO 2014 3275 ). See also disp. And trans. Of this mod. At the end of the text.

Rule 165 The Euro-PCT application as an interference application within the meaning of Art. 54, para. 3

A Euro-PCT application shall be considered to be included in the prior art within the meaning of Art. 54, para. 3, if the conditions set out in s. 153, para. 3 or 4 are complied with, and if the filing fee referred to in Rule 159, para. 1 (c) was paid.

Final Provisions of the Amendment of 21 October 2008 1

(1) The provisions of the Regulations referred to and amended in s. 1, paragraphs 5 to 8, 10 to 17 and 20 of this Decision shall enter into force on 1 Er April 2009.

(2) The provisions of the Regulations referred to and amended in s. 1, paragraphs 1 to 4, 9, 18 and 19 of this Decision shall enter into force on 1 Er April 2009 and apply to European patent applications filed as of that date, as well as to international applications entering the regional phase from that date.

Final provisions of the amendment of 25 March 2009 2

(1) The provisions referred to in s. 1 of this Decision shall enter into force on 1 Er April 2010.

(2) New Rule 62 Bis , Rule 63 as amended by Art. 1, point 2 of this Decision, new Rule 70 Bis And Rule 137 as amended by Art. 1, point 7 of this Decision, shall apply to European patent applications for which the European search report or the supplementary European search report is established from 1 Er April 2010.

(3) Rule 161 as amended by Art. 1, point 8 of this Decision shall apply to European patent applications for which no notification has been issued before 1 Er April 2010 under current Rule 161.

Final provisions of the amendment of 25 March 2009 3

(1) This Decision shall enter into force on 1 Er April 2010.

(2) Rule 36, para. 1 and 2, as amended by this Decision, shall apply to divisional applications filed as of that date.

Final provisions of the amendment of 28 October 2009 4

(1) The provisions set out in s. 1 of this Decision shall enter into force on 1 Er January 2011.

(2) Rule 141, as amended by s. 1, para. 1 of this Decision, and the new Rule 70 Ter Introduced by this Decision shall apply to European patent applications and international applications filed as of that date.

Final Provisions of the Amendment of 26 October 2010 5

(1) This Decision shall enter into force on October 26, 2010.

(2) Without prejudice to s. 3 of Governing Council decision CA/D 2/09, Rule 36, para. 1, as amended by Article 1 of this Decision, applies to divisional applications filed as of 1 Er April 2010.

Final Provisions of the Amendment of 26 October 2010 6

Rules 161 and 162 EPC as amended by Article 1 of this Decision apply to Euro-PCT applications for which no notification under current Rules 161 and 162 EPC has been issued before 1 Er May 2011.

Final Provisions of the Amendment of 26 October 2010 7

(1) The provisions set out in Article 1 of this Decision shall enter into force on 1 Er April 2012.

(2) Rule 71 EPC as amended and Rule 71 Bis EPC as inserted by Article 1 of this Decision shall apply to European patent applications which, by the date of entry into force of those provisions, have not yet given rise to the sending of a notification under the text Current Rule 71, para. 3 CB.

Final provisions of the amendment of 27 June 2012 8

(1) This Decision shall enter into force on 1 Er April 2013.

(2) Rule 53 EPC as amended by Article 1 of this Decision shall apply to European applications and Euro-PCT applications, as well as to European patents for which an invitation under Rule 53 has not yet been issued (3) EPC on the effective date of the amended provision.

Final provisions of the amendment of 16 October 2013 9

(1) This Decision shall enter into force on 1 Er April 2014.

(2) It shall apply to divisional applications filed on or after that date.

Final provisions of the amendment of 13 December 2013 10

(1) Rule 6 EPC and Art. 14 (1) of the Fees Regulations, as amended by s. 1 and art. 2 of this Decision, shall apply to European patent applications filed as of 1 Er April 2014, as well as international applications entering the European phase from that date.

(2) Rule 6 EPC and Art. 14 (1) of the Fees Regulations, as amended by s. 1 and art. 2 of this Decision, shall apply to oppositions or appeals filed as from 1 Er April 2014, as well as requests for revision, limitation or revocation filed as of that date.

Final provisions of the amendment of 13 December 2013 11

(1) Rule 103 EPC as amended in Article 1 of this Decision shall enter into force on 1 Er April 2014.

(2) Rule 103 EPC as amended in Article 1 of this Decision shall apply to appeals pending at the date of entry into force of the decision and to appeals lodged after that date.

Final provisions of the amendment of 16 October 2013 12

(1) Rule 164 (1) EPC, as amended by Article 1 of this Decision, applies to any application for which the supplementary European search report referred to in Art. 153 (7) EPC has not been established on the date on which it enters into force.

(2) Rule 164 (2) EPC, as amended by Article 1 of this Decision, applies to any application for which the first notification provided for in Art. 94 (3) EPC and Rule 71 (1) and (2) EPC or, where applicable, Rule 71 (3) EPC has not been issued on the date on which it enters into force.

Scope of the Regulations 13


RO 2007 6541


1 RO 2009 2539 Art. 2
2 RO 2010 83 Art. 2
3 RO 2010 471 Art. 2
4 RO 2010 4443 Art. 2
5 RO 2010 5923 Art. 2
6 RO 2011 1513 Art. 2
7 RO 2011 3303 Art. 2
8 RO 2013 929 Art. 2
9 RO 2014 2403 Art. 2
10 RO 2014 2405 Art. 4
11 RO 2014 2407 Art. 2
12 RO 2014 3275 Art. 3
13 See the scope of application of the European Patent (RS) 0.232.142.2 ).


State 1 Er April 2015