6. General Index
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A
Abandonment of application, III.E.5.5.2.g
Abandonment of subject-matter in examination procedure, IV.B.3.7
Claims fees, non-payment, IV.B.3.7.2
Absence from oral proceedings, V.A.4.5.3
Abuse of procedure, IV.C.4.5.5
Abusive conduct, III.G.4.3.6
Accelerated processing before boards of appeal, V.A.1.5
Acceleration of opposition proceedings, infringement proceedings, IV.C.7
Accidental anticipation, II.E.1.7.3.a
Accidental disclosure, I.C.4.10
Added subject-matter, amendments, II.E.1
Ambiguous feature in claim, II.E.1.11.8
Broadening of claim, II.E.1.4.1
Description, amendments, II.E.1.14
Different sets of claims for different contracting states, II.E.1.16
Disclaimer, II.E.1.7
Disclosure in drawings, amendments, II.E.1.13
Enabling disclosure, II.E.1.3.6.c
Errors in disclosure, amendments, II.E.1.12
Essentiality or three-point test, II.E.1.4.4
Generalisation, II.E.1.8
Gold standard, II.E.1.3.1, II.E.1.4.2
Implicit disclosure, II.E.1.3.3
Intermediate generalisation, II.E.1.9
Intermediate product, II.E.1.11.9
Languages, II.E.1.2.3
Non-technical subject-matter, II.E.1.3.8
Novelty test, amendments, II.E.1.3.7
Original disclosure, II.E.1.3.5.a
Parameters, setting upper and lower limits, II.E.1.5
Priority documents, II.E.1.2.2
Selection from two lists, II.E.1.6.2
Skilled person, II.E.1.3.2
Additional search, V.A.4.12.9
Features taken from the description, V.A.4.12.9.b
Administrative agreements under Article 10(2)(a) EPC, VII.3
Administrative Council, III.H.5
Administrative notice with no legal consequences, legitimate expectations, III.A.1.2.5
Admissibility of
~ appeal, V.A.2
~ to be checked in every phase of appeal proceedings, V.A.2.7
Appealable decisions, V.A.2.2
Board competent to hear a case, V.A.2.3
Entitlement to appeal, V.A.2.4
Form of appeal, V.A.2.5
Interlocutory revision, V.A.2.9
Partial ~, V.A.2.6.8
Statement of grounds of appeal, V.A.2.6
Time limit for appeal, V.A.2.5
~ evidence, III.G.2
Affidavits, III.G.2.3.1
Documentary evidence, III.G.2.4
Expert opinions as means of evidence, III.G.2.2
Sworn statements, III.G.2.3.1
Witness testimony as means of evidence, III.G.2.2
~ intervention, III.J.3, III.P.1
Competence of the board in its original composition, partiality, III.J.3.1
Fees for intervention, III.P.1.6
Intervention in appeal proceedings, III.P.1.4.2
Intervention in opposition proceedings, III.P.1.4.1
National infringement proceedings, intervention, III.P.1.3
Partiality, III.J.3
Reasoned objection, partiality, III.J.3.3
Third party, intervention, III.P.1.1
Time limit for intervention, III.P.1.5
~ opposition, IV.C.2, IV.C.2.3, V.A.3.2.1.a
Entitlement to file opposition, IV.C.2.1
Formal requirements for opposition, IV.C.2.2
Formalities officer in opposition proceedings, IV.C.2.3.1
Opposition inadmissible, IV.C.2.3.3
Opposition period, IV.C.2.2
Subject-matter under examination in appeal procedure, V.A.3.2.1.a
~ request for re-establishment of rights, III.E.4
Inability to observe time limits, re-establishment of rights, III.E.4.2
Omitted act, re-establishment of rights, III.E.4.3
Request for re-establishment of rights, III.E.4.4, III.E.4.6
Time limits for filing request for re-establishment of rights, III.E.4.1
Advertising brochures and availability to the public, I.C.3.2.1.c
Advertising, Code of Professional Conduct, V.C.4.3
Aesthetic creations, I.A.2.3
Affidavits, III.G.2.3.1
Age of documents, I.D.10.3
Alleged advantages, I.D.4.2
Allowability of appeal, reimbursement of appeal fee, V.A.9.4
Alternative solution to a known problem, I.D.4.5
Ambiguous communication, wrong form, V.A.9.5.17.a
Ambiguous feature in claim, II.E.1.11.8
Amended claims admitted as a normal procedural development, V.A.4.11.3.g
Amended claims clearly allowable, V.A.4.12.2
Amendments, II.E
Added subject-matter, ~, II.E.1
Amendment after approval of text for grant, IV.B.3.4
~ after arrangement of the oral proceedings, V.A.4.5
Absence from oral proceedings, V.A.4.5.3
Late-filed documents and evidence, V.A.4.5.2
Late-filed requests, V.A.4.5.1
~ after decision to grant, IV.B.3.6
~ in examination procedure, IV.B.3.3.1
Withdrawal of ~, IV.B.3.7
~ in opposition proceedings, IV.C.5
Amendments occasioned by national prior rights, IV.C.5.1.2
Approval of amended text of the patent, IV.C.5.3
New dependent or independent claims, IV.C.5.1.5
~ or corrections in examination procedure, IV.B.3.3, IV.B.3.3.2
~ relating to unsearched subject-matter, IV.B.5
Amendments under Rule 137(5) EPC, IV.B.5.4
Search report, IV.B.5.3.2
~ to divisional applications, II.F.2.2
~ under Rule 137(2) EPC, IV.B.1.1
~ under Rule 137(3) EPC, IV.B.2.6
Discretion of examining division, IV.B.2.6.1
Change of claim category, ~, II.E.2.6
Correction of errors, Rule 139 EPC, II.E.4
Description, ~, II.E.1.14
Disclosure in drawings, ~, II.E.1.13
Errors in disclosure, ~, II.E.1.12
Extension of conferred protection, II.E.2
Handwritten ~, oral proceedings, III.C.7.6
Novelty test, ~, II.E.1.3.7
Patent application and ~, pageref II
Protection, extension of, II.E.2
Relationship between Article 123(2) and Article 123(3) EPC, II.E.3
Standard of proof for allowing ~ and corrections, II.E.5
Amorphous forms as compared to crystalline forms in chemical inventions, I.D.9.8.5
Analogous use, I.D.9.6
Analogy process, I.D.9.18
Animal testing, I.D.9.19.12
Animals and animal varieties, I.B.3.2
Anonymously filed third-party observations, III.N.2.4
Antibodies, sufficiency of disclosure, II.C.7.3
Anticipation of certain compounds, I.C.6.2.1
Apparatus claim, I.B.4.3.4.c
Apparatus constituting a physical entity, I.A.1.4.5
Appeal
~ against decisions of boards of appeal, V.A.2.2.4
~ by patentee against revocation, V.A.3.2.1.e
~ deemed not to have been filed or inadmissible appeal, V.A.9.3
Appeal inadmissible, reimbursement of appeal fee, V.A.9.3.3
Notice of appeal not timely filed, V.A.9.3.2
Payment, no legal ground, V.A.9.3.6
Reimbursement of appeal fee in case of request for re-establishment, V.A.9.3.7
Several appellants, reimbursement of appeal fees, V.A.9.3.9
~ fee, V.A.2.5.4
Allowability of appeal, reimbursement of ~, V.A.9.4
Appeal inadmissible, reimbursement of ~, V.A.9.3.3
Competence to decide on reimbursement of ~, V.A.9.6.2
Error of judgment, reimbursement of ~, V.A.9.5.10
Inadequate reasons in decision at first-instance, reimbursement of ~, V.A.9.5.9
Partiality, reimbursement of ~, V.A.9.5.12
Reimbursement of ~, V.A.9, V.A.9.8
Reimbursement of ~ if equitable, V.A.9.7
Reimbursement of ~ in case of interlocutory revision, V.A.9.6
Reimbursement of ~ in case of request for re-establishment, V.A.9.3.7
Reimbursement of ~, legitimate expectations, V.A.9.7.3
Right to be heard, reimbursement of ~, V.A.9.5.8
Several appellants, reimbursement of ~s, V.A.9.3.9
Suspensive effect of appeal, reimbursement of ~, V.A.9.5.13
~ filed by wrong company, V.A.2.4.1.a
~ filed in name of representative, V.A.2.4.1.b
~ procedure, III.I.9
Reformatio in peius in ~, V.A.3.1
Subject-matter under examination in ~, V.A.3.2
~ proceedings
Admissibility of appeal to be checked in every phase of ~, V.A.2.7
Closure of substantive debate in ~, V.A.6.1
Fresh ground for opposition in ~, observations by third parties, III.N.4.3
Intervention in ~, III.P.1.4.2
Parties to ~, V.A.2.4.3.a
Preparation of oral proceedings, ~, III.C.6.3.2
Right to be heard, ~, III.B.2.2.1
Stay of ~ following a referral, V.B.2.5.4
~s against decisions of Examination Board and Examination Secretariat, V.C.2.6
Complaints about conduct of examination, European qualifying examination, V.C.2.6.6
Marks awarded, European qualifying examination, V.C.2.6.3
Oral proceedings, V.C.2.6.2.c
Time limit for appeal, European qualifying examination, V.C.2.6.2.a
~s against decisions of the Disciplinary Board of Appeal, V.C.5
Appeal procedure, V.A
Admissibility of appeal, V.A.2
Binding effect of decision, remittal, V.A.8
Legal character of ~, V.A.1
New submissions on appeal, V.A.4
Parallel proceedings, V.A.5
Reimbursement of appeal fee, V.A.9
Remittal to department of first-instance, V.A.7
Substantive examination of the appeal, V.A.3
Termination of appeal proceedings, V.A.6
Appealable decisions, V.A.2.2
Appeal against decisions of boards of appeal, V.A.2.2.4
Interlocutory decisions, V.A.2.2.3
Appellant adversely affected, V.A.7.7.2.d
Applications
~ by non-entitled persons, III.T
~ giving rise to a right of priority, II.D.2
Exhibition priority, II.D.2.4
National deposit of industrial design, priority, II.D.2.3
Paris Convention, II.D.2.1
Postdating of previous application, II.D.2.5
Priority right of applicant or successor in title, II.D.2.2
~ with same filing or priority date, I.C.2.2
Apportionment of costs, III.C.8.1, III.R
Equity of different ~, late submissions, III.R.2.1
Non-appearance at oral proceedings, III.R.2.2.1
Postponement of oral proceedings, III.R.2.2.2
Procedure for fixing costs, III.R.3.2
Request for ~, III.R.4.1
Withdrawal of appeal, III.R.2.4
Withdrawal of opposition, III.R.2.4
Approval of amended text of the patent, IV.C.5.3
Approval of text by applicant, IV.B.3.2
Decisions in absence of text submitted or agreed by the applicant, IV.B.3.2.3
Arguments, reinforcement, V.A.4.10.4
Ascertaining differences, I.C.5
Distinguishing features, I.C.5.2
Assistants, presence at deliberations of the board, III.C.7.11
Authorization, termination, III.V.4.5
Automation, I.D.9.19.5
Auxiliary
~ request for oral proceedings, III.C.4.5
~ requests, III.I
Appeal procedure, III.I.9
~, filing of, III.I.1
Examination procedure, III.I.6
Interlocutory decision on auxiliary request, III.I.7
Number of ~, V.A.4.12.11
Opposition procedure, III.I.8
Requests, admissibility, III.I.3
Requests, order of, III.I.2
Withdrawal of request, III.I.5
Availability to the public, I.C.3
Advertising brochures and ~, I.C.3.2.1.c
Biological material and ~, I.C.3.2.5
Books and ~, I.C.3.2.1.e
Company papers and ~, I.C.3.2.1.b
Conferences and ~, I.C.3.4.8
Definition of the public, I.C.3.3
Instruction manuals and ~, I.C.3.2.1.f
Internet and ~, I.C.3.2.3
Lectures and oral disclosures and ~, I.C.3.2.2
Obligation to maintain secrecy, I.C.3.4
Patents and ~, I.C.3.2.1.g
Products and ~, I.C.3.4.5, I.C.3.4.6
Proof, I.C.3.5
Public and ~, I.C.3.3
Public libraries and ~, I.C.3.3.4
Publications and ~, I.C.3.2.1
Reports in specialist field and ~, I.C.3.2.1.d
Samples/products for test purposes and ~, I.C.3.4.7
Utility models and ~, I.C.3.2.1.g
Ways of making information available to the public, I.C.3.2
B
Balance of probabilities, III.G.4.3.1
Binding effect of decision, remittal, V.A.8
Department of first-instance bound by decision of board of appeal, V.A.8.2
Remittal for continuation of proceedings, V.A.8.5
Remittal only for adaptation of description, V.A.8.6
Remittal to a differently composed department of first-instance, V.A.8.7
Res judicata, V.A.8.1
Biological inventions, I.B.3
Animals and animal varieties, I.B.3.2
Essentially biological processes, I.B.3.3
Microbiological processes, exceptions to patentability, I.B.3.4
Plants and plant varieties, I.B.3.1
Biological material and availability to the public, I.C.3.2.5
Board competent to hear a case, V.A.2.3
Interruption of proceedings, V.A.2.3.2.a
Legal Board of Appeal competent, V.A.2.3.1.c
Search-fee refund, V.A.2.3.2.b
Technical board of appeal competent, V.A.2.3.1.b
Boards of appeal as judicial authorities, VII.1.2
Courts according to national case law, VII.1.2.4
Courts of law under the EPC, VII.1.2.1
Judicial or quasi-judicial authorities under TRIPS Agreement, VII.1.2.3
Tribunals under Article 6 European Convention on Human Rights, VII.1.2.2
Bonus effect, I.D.10.8
Booked holidays, postponement of oral proceedings, III.C.6.1.4.b
Books and availability to the public, I.C.3.2.1.e
Breach of Article 113 EPC, V.B.4.3, V.B.4.3.2
Requirement to have comments considered, V.B.4.3.10.a
Right to a referral under Article 112 EPC, V.B.4.3.14
Breach of Article 24 EPC, V.B.4.1
Breaches of ordre public or morality, I.B.2
Exception under Rule 28(d) EPC, I.B.2.1.2
Objection under Article 53(a) EPC, I.B.2.2.2
Scope of exception under Rule 28(c) EPC, I.B.2.1.1
Broad claims
Chemical inventions, ~, I.D.9.8.3
Clarity of claims, ~, II.A.3.3
Clarity of disclosure, ~, II.C.7.1.4
Content of relevant prior art, ~, I.C.4.8
Broadening of claim, II.E.1.4.1
Budapest Treaty, sufficiency of disclosure, II.C.7.6.2.a
Burden of proof, I.C.3.5.1, II.A.2.2.2, III.G.5, V.B.3.12
~ shifted, III.G.5.2
Claim, independent per category, II.A.2.2.2
Evidence, III.G.5
Petition for review, V.B.3.12
Business trips, postponement of oral proceedings, III.C.6.1.4.d
C
Calculation errors, II.E.1.12.1
Calculation of time limits, III.D.1
Extension of time limits due to public holidays or dislocation in delivery of mail, III.D.1.3
Fiction of fee payment in due time, III.D.1.4.3
Case law, legitimate expectations, III.A.5
Categories of claims, II.A.3.7
Change
~ in composition of opposition division, III.K.1.3.2
~ of claim category, amendments, II.E.2.6
Method claim, II.E.2.6.4
Product claim, II.E.2.6.1, II.E.2.6.2, II.E.2.6.4
Product-by-process claim, II.E.2.6.2
Purpose-related product claim, II.E.2.6.7
Swiss-type claim, II.E.2.6.6, II.E.2.6.7
Use claim, II.E.2.6.5, II.E.2.6.6
~ of ownership, V.A.4.8.4
~ of representative, late submission, V.A.4.8.2
Chemical compounds, I.C.6.2, II.C.6.6.9
Anticipation of certain compounds, I.C.6.2.1
Enantiomers, I.C.6.2.3
Novelty of ~, I.C.6.2
Novelty of groups of substances, I.C.6.2.2
Chemical inventions, I.C.6, I.D.9.8
Amorphous forms as compared to crystalline forms in ~, I.D.9.8.5
Broad claims, I.D.9.8.3
Chemical compounds, I.C.6.2
Intermediate product, I.D.9.8.4
Novelty of chemical compounds, I.C.6.2
Parameter ranges, I.C.6.3
Problem and solution approach in ~, I.D.9.8.1
Selection of parameter ranges, I.C.6.3
Structural similarity in ~, I.D.9.8.2
Substances, I.C.6.2
Synergistic effects, I.D.9.8.6
Claims, II.A
Amended ~ admitted as a normal procedural development, V.A.4.11.3.g
Amended ~ clearly allowable, V.A.4.12.2
Broad ~, I.C.4.8, I.D.9.8.3, II.A.3.3, II.C.7.1.4
Categories of ~, II.A.3.7
Claim, independent per category, II.A.2.2
Burden of proof, II.A.2.2.2
Claim interpretation, II.E.2.3.3
~ and their purpose, II.A.1.1
~ fees, II.A.8
~, non-payment, IV.B.3.7.2
~, refund of, II.A.8.3
Claims, number of, II.A.8.1
~, forbidden area, II.C.6.6.4
~, one-part or two-part form, II.A.2.1.1
~ supported by the description, II.A.5
Description, adaptation to claims, II.A.5.3
~ to computer programs, I.A.2.4.4
Computer programs recorded on the medium, I.A.2.4.4.a
Exclusion of computer programs, I.A.2.4.4.b
~, totality of, II.E.2.2
~, two-part, II.A.2.1.2
Clarity of ~, II.A.3
Clarity of ~ and Article 83 EPC, II.A.1.5
Clarity of ~ in opposition proceedings, II.A.1.4
Conciseness of ~, II.A.2, II.A.2.3
Content of ~, II.A.2
Converging or diverging versions of ~, V.A.4.12.4
Dependent ~, II.B.2.2, V.A.3.2.1.d, V.A.4.12.10
Description and drawings to interpret ~, II.A.6.3
Different sets of ~ for different contracting states, II.E.1.16
Disclaimer, II.A.4
Divisional applications, amended ~ not admitted, V.A.4.12.12
Essential features, ~, II.A.3.2
Functional features, ~, II.A.3.4
Independent ~, II.B.2.1
Interpretation of ~, II.A.6
Markush ~, II.B.5.3
New dependent or independent ~, IV.C.5.1.5
Number of ~, II.A.2.3
Process ~, I.C.8.1.3, I.C.8.1.3.b, I.C.8.1.3.c
Process ~ containing a purpose feature, I.C.8.1
Product ~ for plants, I.B.3.3.3
Product ~ with purpose characteristics, I.C.8.1.5
Product-by-process ~, II.A.7, II.E.2.6.2
Product-by-process ~ and their scope of protection, II.A.7.6
Product-by-process ~ and use claims, II.A.7.4
Reach-through ~, II.C.6.5
Reinstating broader ~ in appeal proceedings, V.A.4.12.13
Remittal following substantial amendment to ~, V.A.7.6
Response to objections, amended ~, V.A.4.12.3
Search, amended ~, V.A.4.12.9
Statement of purpose in non-medical use ~, I.C.8.1.4
Sufficiency of disclosure and clarity of ~, II.C.8.2
Technical features, ~, II.A.1.3
Transposition of features within ~, II.E.2.5
Unity in context of different types of ~, II.B.2
Unspecified features, ~, II.A.3.6
Use ~, I.C.8.1.3.b, II.E.2.6.1.a, II.E.2.6.5, II.E.2.6.6
Clarity
~ in opposition proceedings, II.A.1.4
~ in relation to diagnostic methods, I.B.4.5.1.d
~ of claims, II.A.3
Broad claims, II.A.3.3
Categories of claims, II.A.3.7
~ and Article 83 EPC, II.A.1.5
Essential features, claims, II.A.3.2
Functional features, claims, II.A.3.4
Parameters, II.A.3.5
Sufficiency of disclosure and ~, II.C.8.2
Unspecified features, claims, II.A.3.6
~ of disclosure, II.C.5, II.C.7.1
Broad claims, II.C.7.1.4
Parameters, sufficiency of disclosure, II.C.5.5
Repeatability, sufficiency of disclosure, II.C.7.1.3
Closest prior art, I.D.3
Confidential disclosure, I.D.3.5.2
Defective disclosure, I.D.3.5.1
Improvement of a production process for a known product, I.D.3.5.5
Most promising starting point, I.D.3.4
Old prior art documents, I.D.3.5.4
Same purpose or effect, I.D.3.2
Similarity of technical problem, I.D.3.3
Closing the debate, III.C.7.9
Closure of substantive debate in appeal proceedings, V.A.6.1
Decision on file as it stands, V.A.6.1.1
Code of Professional Conduct, V.C.4
Advertising, ~, V.C.4.3
Professional obligations, ~, V.C.4.1
Professional secrecy, ~, V.C.4.2
Combination
~ inventions, I.D.9.2
Partial problems, I.D.9.2.2
~ of documents, I.D.9.7
~ of teachings, I.D.9.3
~s within a prior art document, I.C.4.2
Commercial success, I.D.10.5
Common general knowledge, I.C.2.8
~ and priority, II.D.3.1.4
Databases as ~, I.C.2.8.4
Definition of ~, I.C.2.8.1
Evidence of ~, V.A.4.13.1.c
Patent specifications as ~, I.C.2.8.2
Proof of ~, I.C.2.8.5
Specialist journals as ~, I.C.2.8.3
Communication
~ from examining division, failure to reply, IV.B.2.7
Waiver by applicant of right to present comments, IV.B.2.7.2
~ of a board of appeal, V.A.4.7
~ under Rule 71(3) EPC, IV.B.3.1
~s in examination procedure, IV.B.2.8
Form of communication under Article 113(1) EPC, IV.B.2.8.7
Informal ~, IV.B.2.9
IPER, examining procedure, IV.B.2.8.4
~s under Rule 71(1) and (2) EPC, IV.B.2.4
Company in receivership, V.A.2.4.1.d
Company papers and availability to the public, I.C.3.2.1.b
Comparative tests, I.D.10.9
Competence
~ of EPO as designated Office, VI.3
~ of EPO as elected Office, VI.3
~ of the board in its original composition, partiality, III.J.3.1
~ to decide on reimbursement of appeal fee, V.A.9.6.2
Complaints about conduct of examination, European qualifying examination, V.C.2.6.6
Completeness of disclosure, II.C.5
Parameters, sufficiency of disclosure, II.C.5.5
Completion of internal decision-making process, III.K.2.2
Complexity of new subject‑matter, late submissions, V.A.4.13.3
Composition of
~ competent departments of first-instance, III.K.1
Examining division, composition, III.K.1.2
Opposition division, composition, III.K.1.3
~ Enlarged Board in review procedure, V.B.3.10
Composition of the Enlarged Board of Appeal, V.B.3.10.1
~ product and public prior use, I.C.3.2.4.d
~ the opposition division
Remittal following substantial procedural deficiencies, ~, V.A.7.7.2.c
Right to be heard, ~, III.B.2.8
Right to be heard in opposition proceedings, ~, IV.C.6.6
Substantial procedural violation, ~, V.A.9.5.11.f
Computer programs, I.A.2.4.2, I.A.2.4.3
Claims to ~, I.A.2.4.4
~ recorded on the medium, I.A.2.4.4.a
Exclusion of ~, I.A.2.4.4.b
Methods performed by a computer, I.A.2.4.3.e
Programming a computer, I.A.2.4.3.c
Simulation methods, I.A.2.4.3.f
Technical effect on a physical entity, I.A.2.4.3.b
Computer-generated communications, III.K.3.3.3.a
Computer-generated presentations, oral proceedings, III.C.7.4
Computer-implemented inventions, I.A.2.4
Claims to computer programs, I.A.2.4.4
Computer programs, I.A.2.4.2, I.A.2.4.3
Skilled person in field of ~, I.D.8.1.4
Comvik approach, I.D.9.1.3.b
Concept of "in due time", IV.C.4.3
Conciseness of claims, II.A.2, II.A.2.3
Claim, independent per category, II.A.2.2
Description drawings, II.A.2.4
Form of claims, II.A.2.1
Number of claims, II.A.2.3
Conference, postponement of oral proceedings, III.C.6.1.4.c
Conferences and availability to the public, I.C.3.4.8
Confidential disclosure, I.D.3.5.2
Consolidation of proceedings in examination procedure, IV.B.2.3
Content of
~ claims, II.A.2
Claim, independent per category, II.A.2.2
Conciseness of claims, II.A.2.3
Description drawings, II.A.2.4
Form of claims, II.A.2.1
Number of claims, II.A.2.3
~ earlier application, divisional applications, II.F.2.1
Languages, divisional applications, II.F.2.1.3
Sequence of divisional applications, II.F.2.1.2
~ relevant prior art, I.C.4
Accidental disclosure, I.C.4.10
Broad claims, I.C.4.8
Combinations within a prior art document, I.C.4.2
Deficiencies in a disclosure, I.C.4.9
Drawings, novelty, I.C.4.6
Equivalents, I.C.4.5
Examples, novelty, I.C.4.7
Implicit features, I.C.4.3
Intrinsic features, I.C.4.4
Reproducibility of content of disclosure, I.C.4.11
Continuation of opposition proceedings, III.Q
Death of an opponent, III.Q.2
Surrender and lapse of the patent, III.Q.1
Withdrawal of opposition, III.Q.3
Contradictory acts, legitimate expectations, III.A.2.3
Contribution approach, technical inventions, I.A.1.4.1.a
Converging or diverging versions of claims, V.A.4.12.4
Correction
~ of decision already issued, III.A.2.6
~ of designation of applicant, IV.A.5.2.2
~ of designation of states, IV.A.7.3
~ of errors in decisions, III.L
Correction of printing errors in the publication of the patent specification, III.L.5
Procedural status of third parties, III.L.6
Third parties, III.L.6
~ of errors in divisional applications, II.F.4.3
~ of errors, Rule 139 EPC, II.E.4
Correction of errors after grant and in opposition proceedings, II.E.4.3
Obvious error, II.E.4.2
Relationship of Rule 139 EPC to Article 123(2) EPC and (3) EPC, II.E.4.1
~ of priority documents, IV.A.8.2
Request for correction, time limit for, IV.A.8.2.2.b
~ of withdrawal of appeal, V.A.6.3.8
~ of withdrawal of application, IV.B.3.8.2
~s, IV.A.5.5
Amendments or ~ in examination procedure, IV.B.3.3, IV.B.3.3.2
Receiving Section, ~, IV.A.5.5.3
Standard of proof for allowing amendments and ~, II.E.5
Cosmetic and beauty salons, I.E.1.2.2
Costs, oral proceedings, III.C.8
Apportionment of costs, III.C.8.1
Could-would approach, I.D.5
Courtesy service, III.A.2.2
Courts according to national case law, VII.1.2.4
Courts of law under the EPC, VII.1.2.1
Cross-check, re-establishment of rights, III.E.5.4.4
D
Databases as common general knowledge, I.C.2.8.4
Date
~ of decision, III.K.2
Completion of internal decision-making process, III.K.2.2
Date on which European patent takes effect, III.K.2.3
Entry into force of decisions, III.K.2.1
~ of filing, IV.A.5, IV.A.5.3, IV.A.5.6
Corrections, IV.A.5.5
~ attributed to divisional applications, II.F.3.2
Identity of applicant, IV.A.5.2
Subsequent filing of missing parts of description or missing drawings, IV.A.5.4
~ of payment, III.U.3
Death of an opponent, III.Q.2
Debit orders, fees, III.U.2.2
Decision
~, inconsistency between oral and written decisions, III.K.3.1.2
~ of board of appeal set aside, V.B.3.13.1
~ taken on file as it stands, V.A.6.1.1
~ to grant, date on which takes effect, IV.B.3.10
~s according to the state of the file, III.K.3.5
~s in absence of text submitted or agreed by the applicant, IV.B.3.2.3
~s in written proceedings, III.K.3.3.3.c
~s of EPO departments, III.K
Composition of competent departments of first-instance, III.K.1
Date of decision, III.K.2
Decision under Rule 112(2) EPC, III.K.4.5
Form of decisions, III.K.3
Loss of rights under Rule 112 EPC, III.K.4.1
Notification of decision, III.K.5
~s of opposition division, IV.C.8
Interlocutory decisions, IV.C.8.2
Deemed withdrawal
~, designation of states, IV.A.7.2.1
~ of application, IV.A.9
~ of patent application, V.A.6.4
Defective disclosure, I.D.3.5.1
Deficiencies in a disclosure, I.C.4.9
Deficiencies in computerised systems, re-establishment of rights, III.E.5.4.7
Definition of
~ common general knowledge, I.C.2.8.1
~ "plant varieties", I.B.3.1.1
~ skilled person, I.D.8.1
Group of people as skilled person, I.D.8.1.2
Skilled person in biotechnology, I.D.8.1.3
Skilled person in field of computer-implemented inventions, I.D.8.1.4
~ the public, I.C.3.3
Limited circle of people and availability to the public, I.C.3.3.3
Person not skilled in the art, availability to, I.C.3.3.2
Public libraries and availability to the public, I.C.3.3.4
~ "time limit" in re-establishment of rights, III.E.3.1
Designation of states, re-establishment of rights, III.E.3.1.2
Divisional applications, re-establishment of rights, III.E.3.1.1
Delay in procedure, V.A.7.3.1
Deletion of
~ a limiting feature in a claim, II.E.2.4.1
~ disclaimer, II.E.2.4.4
~ drawings, II.E.2.4.5
~ examples of a general feature, II.E.2.4.3
~ feature from claim, II.E.2.4.7
~ important feature from description, II.E.2.4.2
Delivery by public notice, III.S.1.3
Department of first-instance bound by decision of board of appeal, V.A.8.2
Dependent claims
New submissions on appeal, ~, V.A.4.12.10
Subject-matter under examination in appeal procedure, ~, V.A.3.2.1.d
Unity in context of different types of claims, ~, II.B.2.2
Deposit of living material, II.C.7.6
Budapest Treaty, sufficiency of disclosure, II.C.7.6.2.a
Deposit number, late submission, II.C.7.6.2.b
Description
~, adaptation to claims, II.A.5.3
~, amendments, II.E.1.14
Description, replacement, II.E.1.14.7
Drawings, replacement, II.E.1.14.7
Reformulation of the technical problem, II.E.1.14.6
~ and drawings to interpret claims, II.A.6.3
Interpretation of ambiguous terms, II.A.6.3.3
Relevance of Article 69 EPC, II.A.6.3.2
Scope of protection and infringement, II.A.6.3.6
~ drawings, II.A.2.4
Designation
~ fee, non-payment, IV.A.7.2
Deemed withdrawal, designation of states, IV.A.7.2.1
Designation of states in divisional applications, IV.A.7.2.2
~ of contracting states in divisional application, II.F.4.2
~ of inventor, IV.A.6.2
~ of states, IV.A.7
Correction of ~, IV.A.7.3
Deemed withdrawal, ~, IV.A.7.2.1
~ in divisional applications, IV.A.7.2.2
~, re-establishment of rights, III.E.3.1.2
Devolutive effect of appeal, V.A.1.4
Diagnostic methods, I.B.4.2, I.B.4.5
Clarity in relation to ~, I.B.4.5.1.d
Medical practitioner, I.B.4.2.2, I.B.4.5.1.b
Different
~ apportionment of costs ordered, III.R.2.2.1.a
~ sets of claims for different contracting states, II.E.1.16
~ values, I.C.5.2.2
Differing decisions, V.B.2.4.3
Disadvantageous modifications, I.D.9.19.1
Disciplinary
~ Board of Appeal, V.C
Appeals against decisions of the ~, V.C.5
Code of Professional Conduct, V.C.4
European qualifying examination, V.C.2
~ matters, V.C.3
Disclaimer
Accidental anticipation, II.E.1.7.3.a
Added subject-matter, amendments, ~, II.E.1.7
Claims, ~, II.A.4
Deletion of ~, II.E.2.4.4
~, clarity, II.E.1.7.3.e
~, drafting of, II.E.1.7.3.b
Disclosed ~s, II.E.1.7.2.b
Inventive step, ~, I.D.9.15
Surgical methods, ~, I.B.4.3.5.b
Undisclosed ~s, II.E.1.7.2.a
Disclosed disclaimers, II.E.1.7.2.b
Disclosure
~ in drawings, amendments, II.E.1.13
~ in previous application as a whole, II.D.3.1.3
~ in priority document enabling, II.D.3.1.6
~ of essential features in priority document, II.D.3.1.5
Discoveries, I.A.2.2, I.A.2.2.1
Mathematical methods, I.A.2.2.2
Scientific theories, I.A.2.2.1
Discretion
~ misused by the department of first-instance, V.A.3.5.3.c
~ of examining division, IV.B.2.6.1
~ of President of the EPO, V.B.2.4.2
Discretionary decision, IV.C.4.1
Review of ~s by the boards, IV.C.4.5.2
Review of first-instance ~s, V.A.3.5
Dislocation in delivery of mail, III.D.1.3.2
Extension of time limits due to public holidays or ~, III.D.1.3
Distinguishing features, I.C.5.2
Different values, I.C.5.2.2
Functional features, I.C.5.2.5
Generic disclosure, I.C.5.2.6
Non-technical ~, I.C.5.2.8
Parameters, I.C.5.2.3
Product claim with process features, I.C.5.2.7
Divisional applications, II.F
Amendments to ~, II.F.2.2
Content of earlier application, ~, II.F.2.1
Correction of errors in ~, II.F.4.3
Date of filing attributed to ~, II.F.3.2
Designation of states in ~, II.F.4.2, IV.A.7.2.2
~, amended claims not admitted, V.A.4.12.12
~ applicability of Article 54(3) EPC, I.C.2.4.2
~, re-establishment of rights, III.E.3.1.1
Double patenting, II.F.5
Filing of ~, II.F.3
Independence of ~, II.F.4.1
Languages, ~, II.F.2.1.3
Pendency of earlier application, ~, II.F.3.5
Search fees for divisional application, II.F.4.4
Sequence of ~, II.F.2.1.2
subject-matter of ~, II.F.2
Amendments to divisional applications, II.F.2.2
Content of earlier application, divisional applications, II.F.2.1
Ground for opposition, Article 100(c) EPC, II.F.2.3.2
Res judicata and divisional applications, II.F.2.4.3
Documentary evidence, III.G.2.4
Documents submitted for standardisation, I.C.3.4.9
Double patenting, II.F.5
~ objection in opposition, II.F.5.3
Draft decisions, III.K.3.3.3.e
Drawings, novelty, I.C.4.6
Drawings, replacement, II.E.1.14.7
Due care
~ and re-establishment of rights, III.E.5.2, III.E.5.5
Due care in using mail delivery services, III.E.5.5.5
Due care on part of applicant, III.E.5.5.1
Due care on part of non-European representative, III.E.5.5.3
~ in dealing with assistants, III.E.5.5.4
Responsibility of representative, re-establishment of rights, III.E.5.5.4.e
~ on part of professional representative, III.E.5.5.2
Abandonment of application, III.E.5.5.2.g
E
Effects of a successful petition for review, V.B.3.13
Decision of board of appeal set aside, V.B.3.13.1
Reimbursement of the fee for petitions for review, V.B.3.13.3
Electronic filing of appeal, V.A.2.5.1
Electronic filing of documents, legitimate expectations, III.A.3.2.3
Employee, re-establishment of rights, III.E.5.4.6
Enabling disclosure, II.E.1.3.6.c
Enantiomers, I.C.6.2.3
Enlarged Board of Appeal, V.B
Grounds for petition for review, V.B.4
Petition for review, V.B.3
Referral under Article 112 EPC, V.B.2
Removal from office of a board member, V.B.5
Entitlement to appeal, V.A.2.4
Appeal filed by wrong company, V.A.2.4.1.a
Appeal filed in name of representative, V.A.2.4.1.b
Company in receivership, V.A.2.4.1.d
Parties to appeal proceedings, V.A.2.4.3.a
Party adversely affected, V.A.2.4.2
Entitlement to file opposition, IV.C.2.1
Joint opposition, IV.C.2.1.7
Multiple oppositions by different persons, IV.C.2.1.6
Opposition by patent proprietor, IV.C.2.1.3
Straw man, opposition procedure, IV.C.2.1.4
Entry into force of decisions, III.K.2.1
Envisageable product, I.D.9.18
EPO as PCT authority, VI
Competence of EPO as designated Office, VI.3
Competence of EPO as elected Office, VI.3
Jurisdiction of boards of appeal, VI.2
Language of proceedings, EPO as designated or elected Office, VI.4
Equity of different apportionment of costs, late submissions, III.R.2.1
Equivalents
Content of relevant prior art, ~, I.C.4.5
Inventive step, ~, I.D.9.9
Error
~ margins and definitions of limits, priority, II.D.3.1.7
~ of judgment, reimbursement of appeal fee, V.A.9.5.10
Error in the application of the law, V.A.9.5.10.c
~s in disclosure, amendments, II.E.1.12
Calculation errors, II.E.1.12.1
Structural formula incorrect, II.E.1.12.2
~s in Patent Bulletin, IV.B.3.11
Essential features, claims, II.A.3.2
Essentiality or three-point test, II.E.1.4.4
Essentially biological processes, I.B.3.3
~ for the production of animals, I.B.3.3.1
~ for the production of plants, I.B.3.3.2
Patentable technical processes, I.B.3.3.2.b
Product claims for plants, I.B.3.3.3
Euro-PCT applications, II.B.6.2, VI
Competence of EPO as designated Office, VI.3
Competence of EPO as elected Office, VI.3
Jurisdiction of boards of appeal, VI.2
Language of proceedings, EPO as designated or elected Office, VI.4
European
~ Convention on Human Rights
Interpretation of the EPC, ~, III.H.3
Partiality, ~, III.J.1.3
Tribunals under Article 6 ECHR, VII.1.2.2
~ patent application and language privilege, III.F.6.1
~ Patent Register, III.M, III.M.2
Inspection of files, III.M.1
Registration of licences in Patent Register, III.M.2.2
Stay of proceedings, III.M.3
Transfers, Patent Register, III.M.2.3
~ prior rights, I.C.2.4.1
~ qualifying examination, V.C.2
Appeals against decisions of Examination Board and Examination Secretariat, V.C.2.6
Complaints about conduct of examination, V.C.2.6.6
Examination conditions, V.C.2.2
Examination grades, V.C.2.4
Marking answer papers, V.C.2.3
Marks awarded, V.C.2.6.3
Registration and enrolment conditions, V.C.2.1
Substantiation of EQE decisions, V.C.2.5
Time limit for appeal, V.C.2.6.2.a
Evaluation of evidence, III.G.4
Evidence, other written, III.G.4.2.4
Internet archives, III.G.4.2.3
Internet publications, III.G.4.2.3
Principle of free ~, III.G.4.1
Standard of proof, III.G.4.3
Test and experimental evidence, III.G.4.2.2
Witness testimony, III.G.4.2.1
Evidence, III.G
Abusive conduct, III.G.4.3.6
Admissibility of ~, III.G.2
Burden of proof, III.G.5
Documentary ~, III.G.2.4
Evaluation of ~, III.G.4
~ of common general knowledge, V.A.4.13.1.c
~ of transfer of party status, III.O.2.6
Heir, III.O.2.6.3
~, sufficiency of disclosure, II.C.9
Expert opinions, III.G.2.2
Fresh facts and ~, opposition proceedings, IV.C.3.4.5
Late-filed documents and ~, V.A.4.5.2
Late-filed facts and ~, V.A.4.4.2.b
Minutes as ~ that objection was raised, V.B.3.6.4
New ~ of requests, postponement of oral proceedings, III.C.6.1.4.j
Other written evidence, III.G.4.2.4
Principle of free evaluation of ~, III.G.4.1
Right to be heard, ~, III.G.3.3
Surprising grounds or ~, right to be heard, III.B.2.3
Taking of ~, III.G.3
Test and experimental ~, III.G.4.2.2
Witness testimony, III.G.2.2
Ex officio examination of facts in appeal proceedings, V.A.3.4.1
Ex post facto analysis, I.D.6
Examination
~ after remittal for further prosecution, IV.B.3.5
~ conditions, European qualifying examination, V.C.2.2
~ fee, partial refund, III.U.6
~ fee, reduction, III.U.5
~ grades, European qualifying examination, V.C.2.4
Examination procedure, IV.B, III.I.6
Abandonment of subject-matter in ~, IV.B.3.7
Amendments in ~, IV.B.3.3.1
Amendments or corrections in ~, IV.B.3.3, IV.B.3.3.2
Amendments relating to unsearched subject-matter, IV.B.5
Amendments under Rule 137(2) EPC, IV.B.1.1
Communications in ~, IV.B.2.8
Consolidation of proceedings in ~, IV.B.2.3
Grant of patent, IV.B.3
Informal communications in ~, IV.B.2.9
Interviews in ~, IV.B.2.9.2
Refusal after a single communication in ~, IV.B.2.5
Request for examination, IV.B.1.2
Search during examination, IV.B.4
Substantive examination, IV.B.2
Withdrawal of amendments in ~, IV.B.3.7
Examining division, composition, III.K.1.2
Examples, novelty, I.C.4.7
Exception under Rule 28(d) EPC, I.B.2.1.2
Exceptional circumstances, re-establishment of rights, III.E.5.3
Exceptions to patentability, I.B
Biological inventions, I.B.3
Breaches of ordre public or morality, I.B.2
Medical methods, I.B.4
Microbiological processes, I.B.3.4
Excluded subject-matter, I.D.9.1.3.e
Excluded time limits, re-establishment of rights, III.E.3.2
Exclusion of computer programs, I.A.2.4.4.b
Exclusion of public from oral proceedings, III.C.7.2
Exercise of discretion of the boards of appeal, late submissions, V.A.4.3
Exercise of discretion to remit, V.A.7.2
TRIPS, V.A.7.2.2
Exhibition priority, II.D.2.4
Expectation of success, I.D.7
Reasonable ~, I.D.7.1
Try and see situation, I.D.7.2
Experimental data, late submission of, V.A.4.13.5
Experiments, sufficiency of disclosure, II.C.6.6.7
Expert opinions, III.G.2.2, III.G.2.2.3
Hearing of witnesses, III.G.2.2.1
Extension
~ agreements and ordinances, VII.2
~ of conferred protection, II.E.2
Change of claim category, amendments, II.E.2.6
Claims, totality of, II.E.2.2
Deletion of a limiting feature in a claim, II.E.2.4.1
Deletion of disclaimer, II.E.2.4.4
Deletion of drawings, II.E.2.4.5
Deletion of examples for a general feature, II.E.2.4.3
Deletion of feature from claim, II.E.2.4.7
Deletion of important feature from description, II.E.2.4.2
Extent of protection, II.E.2.3
Purpose of Article 123(3) EPC, II.E.2.1
Replacement by “aliud”, II.E.2.4.13
Replacement of drawings, II.E.2.4.15
Transposition of features within claims, II.E.2.5
~ of time limits due to public holidays or dislocation in delivery of mail, III.D.1.3
Extent of opposition, IV.C.2.2.6, IV.C.3.2
Extent of protection, II.E.2.3
Claim interpretation, II.E.2.3.3
External persons, representation requirement, III.V.2.2
F
Failure to arrange oral proceedings, V.B.4.4.1
Failure to decide on a party's request, V.B.4.4.2
Features not contributing to solution of problem, I.D.9.5
Features taken from the description, V.A.4.12.9.b
Fee payments, legitimate expectations, III.A.3.2.2
Fees, Rules relating to ~, III.U
Date of payment, III.U.3
Examination fee, partial refund, III.U.6
Examination fee, reduction, III.U.5
Payment of fees, III.U.2
Payments, small amounts lacking, III.U.4
Fees for intervention, III.P.1.6
Fiction of fee payment in due time, III.D.1.4.3
Filing
~ of appeal, V.A.2.5.3
Electronic ~, V.A.2.5.1
~ of applications, IV.A.3
~, entitled persons, IV.A.4
~ of divisional applications, II.F.3
Financial difficulties, re-establishment of rights, III.E.4.2.2
First and second medical use, I.C.7
First medical use, I.C.7.1
Product claim, I.C.7.1.2
Purpose-related product claim, I.C.7.1.2
Second (or further) medical use, I.C.7.2
Form of
~ appeal, V.A.2.5
Appeal fee, V.A.2.5.4
Electronic filing of appeal, V.A.2.5.1
Filing of appeal, V.A.2.5.3
Claim, independent per category, II.A.2.2
Claims, one-part or two-part form, II.A.2.1.1
Claims, two-part, II.A.2.1.2
Conciseness of claims, II.A.2.3
Description drawings, II.A.2.4
Number of claims, II.A.2.3
~ communication under Article 113(1) EPC, IV.B.2.8.7
~ decisions, III.K.3
Decision, inconsistency between oral and written decisions, III.K.3.1.2
Decisions according to the state of the file, III.K.3.5
Reasons for the decision, III.K.3.4
Signature, III.K.3.3
Formal requirements for opposition, IV.C.2.2
Extent of opposition, IV.C.2.2.6
Grounds for opposition, IV.C.2.2.7, IV.C.2.2.8.b
Identity of opponent, IV.C.2.2.4
Notice of opposition, IV.C.2.2.9
Opposition fee, IV.C.2.2.3
Opposition period, IV.C.2.2.2
Public prior use in opposition proceedings, IV.C.2.2.8.d
Title of invention, opposition proceedings, IV.C.2.2.5
Formal requirements of patent application, IV.A.6
Designation of inventor, IV.A.6.2
Formalities officer in opposition proceedings, IV.C.2.3.1
Former board members, III.J.7
Formulation of technical problem, I.D.4.3, I.D.9.1.4
Formulation of partial problems, I.D.4.3.3
Technical and non-technical features, I.D.9.1.4
Fresh
~ ground for opposition in appeal proceedings, observations by third parties, III.N.4.3
~ ground for opposition in opposition proceedings, observations by third parties, III.N.4.2
~ ground for opposition on appeal, V.A.3.2.1.h
~ grounds for opposition, IV.C.3.4
Fresh facts and evidence, opposition proceedings, IV.C.3.4.5
Objections of lack of novelty and lack of inventive step, IV.C.3.4.2
Opportunity to comment on new grounds for opposition, IV.C.3.4.6
Functional features, I.C.5.2.5
~, claims, II.A.3.4
Fundamental procedural defect, V.B.4.4
Failure to arrange oral proceedings, V.B.4.4.1
Failure to decide on a party's request, V.B.4.4.2
Further oral proceedings before same department, III.C.4.4
Further processing, III.D, III.D.2
Calculation of time limits, III.D.1
Interruption of proceedings, III.D.3
G
Games, I.A.2.5
Mental acts, I.A.2.5.2
Methods for doing business, I.A.2.5.1
Word-processing, I.A.2.5.3
General authorisations, representatives, III.V.4.2
Generalisation, II.E.1.8
~ and claim category, II.E.1.8.2
Intermediate ~, II.E.1.9
Generic disclosure, I.C.5.2.6
~ and priority, II.D.3.1.8
Gold standard
Added subject-matter, amendments, ~, II.E.1.3.1, II.E.1.4.2
Grant of patent, IV.B.3
Abandonment of subject-matter in examination procedure, IV.B.3.7
Amendment after approval of text for grant, IV.B.3.4
Amendments after decision to grant, IV.B.3.6
Amendments or corrections in examination procedure, IV.B.3.3
Approval of text by applicant, IV.B.3.2
Communication under Rule 71(3) EPC, IV.B.3.1
Decision to grant, date on which takes effect, IV.B.3.10
Errors in Patent Bulletin, IV.B.3.11
Examination after remittal for further prosecution, IV.B.3.5
Refusal of application, IV.B.3.9
Withdrawal of amendments in examination procedure, IV.B.3.7
Withdrawal of patent application, IV.B.3.8
Grounds
Ground for opposition, Article 100(c) EPC, II.F.2.3.2
~ for exclusion under Article 24(1) EPC, III.J.5.1
Participation in decision under appeal, partiality, III.J.5.1.2
~ for objection under Article 24(3) EPC, III.J.5.2
~ for opposition, IV.C.2.2.7, IV.C.2.2.8.b
Fresh ~, IV.C.3.4
~, scope of examination, IV.C.3.3
Opportunity to comment on new ~, IV.C.3.4.6
~ for petition for review, V.B.4
Breach of Article 113 EPC, V.B.4.3
Breach of Article 24 EPC, V.B.4.1
Fundamental procedural defect, V.B.4.4
~ for review, V.B.3.4
Review of substantive law excluded, V.B.3.4.3
Group of people as skilled person, I.D.8.1.2
Guidelines for Examination, III.A.2.7, III.W
H
Handwritten amendments, oral proceedings, III.C.7.6
Hearing of witnesses, III.B.2.6.4, III.G.2.2.1
Heir, III.O.2.6.3
I
Identity of
~ applicant, IV.A.5.2
Correction of designation of applicant, IV.A.5.2.2
~ and priority, II.D.4.2
~ invention and priority, II.D.3, II.D.4.1
Common general knowledge and priority, II.D.3.1.4
Disclosure in previous application as a whole, II.D.3.1.3
Disclosure in priority document enabling, II.D.3.1.6
Disclosure of features of the invention in priority document, II.D.3.1.5
Error margins and definitions of limits, priority, II.D.3.1.7
Generic disclosure, priority, II.D.3.1.8
Interpretation of "the same invention", II.D.3.1.1
Nucleotide and amino acid sequences, priority, II.D.3.1.9
~ opponent, IV.C.2.2.4
Implementing Regulations, interpretation, III.H.6
Implicit features, I.C.4.3
Financial difficulties, re-establishment of rights, III.E.4.2.2
Inadequate reasons in decision at first-instance, reimbursement of appeal fee, V.A.9.5.9
Independent claims, II.B.2.1
New dependent or ~, IV.C.5.1.5
Industrial application, I.E
Cosmetic and beauty salons, I.E.1.2.2
Invention, I.E.1.1
Reproducibility, I.E.2
Sufficiency of disclosure, I.E.2
Inescapable trap, II.E.3.1
Informal communications in examination procedure, IV.B.2.9
Interviews in examination procedure, IV.B.2.9.2
Information provided by telephone, III.A.2.4
In-house knowledge not published before priority date, I.C.2.6
Inspection of files, III.M
European Patent Register, III.M.2
Stay of proceedings, III.M.3
Institutional matters, pageref VII
Administrative agreements under Article 10(2)(a) EPC, VII.3
Extension agreements and ordinances, VII.2
Legal status of boards of appeal, VII.1
Instruction manuals and availability to the public, I.C.3.2.1.f
Interlocutory decisions
Appealable decisions, ~, V.A.2.2.3
Decisions of opposition division, ~, IV.C.8.2
Maintenance of European patent as amended, IV.C.8.2.2
~ on auxiliary request, III.I.7
Termination of appeal proceedings, ~, V.A.6.2
Interlocutory revision, V.A.2.9, V.A.4.11.4.e
Reimbursement of appeal fee in case of ~, V.A.9.6
Intermediate generalisation, II.E.1.9
Intermediate product
Added subject-matter, amendments, ~, II.E.1.11.9
Chemical inventions, ~, I.D.9.8.4
Unity in context of different types of claims, ~, II.B.2.3
Internal structure of product and public prior use, I.C.3.2.4.d
Internet
~ and availability to the public, I.C.3.2.3
Publication date, I.C.3.2.3.c
~ and proof of date of availability, I.C.3.5.2.c
~ archives and publications, III.G.4.2.3, III.G.4.3.4.c
Interpretation of
~ ambiguous terms, II.A.6.3.3
~ claims, II.A.6
Description and drawings to interpret claims, II.A.6.3
Term "comprising (substantially)", II.A.6.2
Term "consisting (essentially) of", II.A.6.2
~ "substance or composition", I.C.7.2.4.g
~ the EPC, III.H
Administrative Council, III.H.5
European Convention on Human Rights, III.H.3
Implementing Regulations, interpretation, III.H.6
Interpretation of various language texts of the EPC, III.H.8
National decisions, III.H.4
TRIPS Agreement, III.H.2
Vienna Convention on the Law of Treaties, III.H.1
~ "the same invention", II.D.3.1.1
Interpreting, oral proceedings, III.C.7.7
Interruption of proceedings, III.D, III.D.3, V.A.2.3.2.a
Calculation of time limits, III.D.1
Further processing, III.D.2
~ because of insolvency, III.D.3.6
~, re-establishment of rights, III.E.6.4
Legal capacity, representative, III.D.3.5
Legal incapacity, III.D.3.2
Intervention, III.P
Admissibility of ~, III.J.3, III.P.1
Fees for ~, III.P.1.6
~ in appeal proceedings, III.P.1.4.2
~ in opposition proceedings, III.P.1.4.1
Legal status of intervener, III.P.2
National infringement proceedings, ~, III.P.1.3
Surgical ~, I.B.4.3.6
Third party, ~, III.P.1.1
Time limit for ~, III.P.1.5
Interviews in examination procedure, IV.B.2.9.2
Intrinsic features, I.C.4.4
Invention and industrial application, I.E.1.1
Invention under Article 52(1) EPC, I.A.1.4
Apparatus constituting a physical entity, I.A.1.4.5
Contribution approach, technical inventions, I.A.1.4.1.a
Methods involving technical means, I.A.1.4.3
Inventive step, I.D
Analogous use, I.D.9.6
Analogy process, I.D.9.18
Animal testing, I.D.9.19.12
Automation, I.D.9.19.5
Chemical inventions, I.D.9.8
Closest prior art, I.D.3
Combination inventions, I.D.9.2
Combination of documents, I.D.9.7
Combination of teachings, I.D.9.3
Could-would approach, I.D.5
Disadvantageous modifications, I.D.9.19.1
Disclaimer, I.D.9.15
Envisageable product, I.D.9.18
Equivalents, I.D.9.9
Ex post facto analysis, I.D.6
Expectation of success, I.D.7
Features not contributing to solution of problem, I.D.9.5
Improvement of properties, I.D.9.14
New use of a known measure, I.D.9.12
Obvious alternatives, I.D.9.19.10
Obvious new use, I.D.9.13
Obvious steps, I.D.9.19.9
Optimisation of parameters, I.D.9.16
Problem and solution approach, I.D.2
Problem inventions, I.D.9.11
Purposive selection, I.D.9.19.4
Secondary indicia, I.D.10
Selection inventions, I.D.9.10
Simplification of complicated technology, I.D.9.19.7
Skilled person, I.D.8
Substitution of materials, I.D.9.6
Technical and non-technical features, I.D.9.1
Technical disclosure in a prior art document, I.D.9.4
Technical problem, I.D.4
Technical standards, I.D.9.19.2
Invitation to file observations in opposition proceedings, IV.C.6.2
Invitation to oral proceedings, III.B.2.5.4
IPER, examining procedure, IV.B.2.8.4
"Isolated mistake" by representative, re-establishment of rights, III.E.5.4.1
Isolated mistake within a satisfactory system, re-establishment of rights, III.E.5.4
Cross-check, re-establishment of rights, III.E.5.4.4
Deficiencies in computerised systems, re-establishment of rights, III.E.5.4.7
Employee, re-establishment of rights, III.E.5.4.6
"Isolated mistake" by representative, re-establishment of rights, III.E.5.4.1
J
Joint opposition, IV.C.2.1.7
Opposition fee, IV.C.2.1.7.a
Joint venture and commercial agreements, I.C.3.4.10
Judicial
~ branch of European Patent Organisation, VII.1.1
~ independence, V.B.5.3
~ or quasi-judicial authorities under TRIPS Agreement, VII.1.2.3
Jurisdiction of boards of appeal, VI.2
L
Lack of unity at the search stage, II.B.3.2
Language
~ for filing divisional application, II.F.3.3
~ of the proceedings, III.F.3
~, EPO as designated or elected Office, III.F.2, VI.4
~ of third party observations, III.N.2.1
~ privilege, III.F.4
Translations and ~, III.F.5
~s, II.E.1.2.3, III.A.3.2.1, III.F
Added subject-matter, amendments, II.E.1.2.3
Language-related fee reductions, III.F.6
~, divisional applications, II.F.2.1.3
Obligation to draw attention to easily remediable deficiencies, III.A.3.2.1
Language-related fee reductions, III.F.6
European patent application and language privilege, III.F.6.1
Request for examination and language privilege, III.F.6.2
Late-filed requests, admissibility, ~, III.I.3.4
Late submissions in opposition proceedings, IV.C.4
Abuse of procedure, IV.C.4.5.5
Concept of "in due time", IV.C.4.3
Discretionary decision, IV.C.4.1
Prima facie relevance, IV.C.4.5.3
Review of discretionary decisions by the boards, IV.C.4.5.2
Late submission of new arguments, IV.C.4.7
New arguments, definition, IV.C.4.7.1
Late submissions in appeal proceedings, V.A.4
Amendments after arrangement of oral proceedings, ~, V.A.4.5
Late-filed documents and evidence, V.A.4.5.2
Late-filed requests, V.A.4.5.1
Exercise of discretion of the boards of appeal, ~, V.A.4.3
Late submission of new arguments and lines of attack, V.A.4.10
Arguments, reinforcement, V.A.4.10.4
Complexity of new subject‑matter, ~, V.A.4.13.3
New arguments on appeal, V.A.4.10.1
Procedural economy, ~, V.A.4.4.2
Late-filed facts and evidence, V.A.4.4.2.b
Late-filed requests, V.A.4.4.2.a
Lectures and oral disclosures and availability to the public, I.C.3.2.2
Legal
~ capacity, representative, III.D.3.5
~ character of appeal procedure, V.A.1
Accelerated processing before boards of appeal, V.A.1.5
Devolutive effect of appeal, V.A.1.4
Rules of Procedure of the Boards of Appeal, V.A.1.2
Suspensive effect of appeal, V.A.1.3
~ character of opposition proceedings, IV.C.1
~ incapacity, III.D.3.2
~ practitioners, III.V.3
Register of ~, III.V.3.2
~ status of boards of appeal, VII.1
Boards of appeal as judicial authorities, VII.1.2
Judicial branch of European Patent Organisation, VII.1.1
~ status of intervener, III.P.2
Legal Board of Appeal competent, V.A.2.3.1.c
Legitimate expectations, III.A
Administrative notice with no legal consequences, ~, III.A.1.2.5
Case law, ~, III.A.5
Contradictory acts, ~, III.A.2.3
Electronic filing of documents, ~, III.A.3.2.3
Fee payments, ~, III.A.3.2.2
~ relating to information provided by EPO, III.A.2
Correction of decision already issued, III.A.2.6
Courtesy service, III.A.2.2
Guidelines for Examination, III.A.2.7
Information provided by telephone, III.A.2.4
Obligation to draw attention to easily remediable deficiencies, III.A.3
Reimbursement of appeal fee, ~, V.A.9.7.3
Legitimate reaction to first-instance decision, V.A.4.13.1
Limitation of patent, IV.D
Limited circle of people and availability to the public, I.C.3.3.3
List of professional representatives, III.V.2.1
Location of oral proceedings, III.C.6.5
Loss of rights under Rule 112 EPC, III.K.4.1
M
Main and auxiliary requests, III.I
Appeal procedure, III.I.9
Auxiliary requests, filing of, III.I.1
Examination procedure, III.I.6
Interlocutory decision on auxiliary request, III.I.7
Opposition procedure, III.I.8
Requests, admissibility, III.I.3
Requests, order of, III.I.2
Withdrawal of request, III.I.5
Maintenance of European patent as amended, IV.C.8.2.2
Market competitors, I.D.10.6
Marking answer papers, European qualifying examination, V.C.2.3
Marks awarded, European qualifying examination, V.C.2.6.3
Markush claims, II.B.5.3
Mathematical algorithms, I.D.9.1.8
Mathematical methods, I.A.2.2, I.A.2.2.2
Measuring methods, II.C.6.6.8
Medical
~ methods, I.B.4
Diagnostic methods, I.B.4.2, I.B.4.5
Surgical methods, I.B.4.2, I.B.4.3
Therapeutic methods, I.B.4.2, I.B.4.4
~ practitioner, I.B.4.2.2, I.B.4.5.1.b
~ use, sufficiency of disclosure, II.C.7.2
Mental acts, I.A.2.5, I.A.2.5.2, I.D.9.1.6.a
Methods for doing business, I.A.2.5.1
Word-processing, I.A.2.5.3
Meta methods for software production, I.D.9.1.7
Methods
Method claim, II.E.2.6.4
~ concerning operation of a device, I.B.4.3.5.c
~ for doing business, I.A.2.5, I.A.2.5.1
~ involving technical means, I.A.1.4.3
~ of payment of fees, III.U.2.1
~ performed by a computer, I.A.2.4.3.e
Microbiological processes, exceptions to patentability, I.B.3.4
Minutes, V.A.9.5.7.f
~ as evidence that objection was raised, V.B.3.6.4
~, correction, III.C.7.10.3
~ of oral proceedings, III.C.7.10
~, signing of, III.C.7.10.4
Morality, I.B.2, I.B.2.2.2.b
Breaches of ordre public or ~, I.B.2
Exception under Rule 28(c) EPC, I.B.2.1.1
Exception under Rule 28(d) EPC, I.B.2.1.2
Objection under Article 53(a) EPC, I.B.2.2.2
Most promising starting point, I.D.3.4
Multiple oppositions by different persons, IV.C.2.1.6
Multiple priorities or partial priority for one claim, II.D.5.3
N
National
~ court, III.M.3.1.2
Proceedings before a ~, postponement of oral proceedings, III.C.6.1.4.k
~ decisions, III.H.4
~, binding effect, III.H.4.3
~ deposit of industrial design, priority, II.D.2.3
~ holiday, postponement of oral proceedings, III.C.6.1.4.e
~ infringement proceedings, intervention, III.P.1.3
~ prior rights, I.C.2.4.3
Amendments occasioned by ~, IV.C.5.1.2
Neighbouring field, I.D.8.2
New
~ arguments in oral proceedings, III.B.2.6.2
~ arguments on appeal, V.A.4.10.1
~ case raised by opponent in statement of grounds of appeal, V.A.2.6.5
~ case raised by patent proprietor in statement of grounds of appeal, V.A.2.6.5
~ dependent or independent claims, IV.C.5.1.5
~ documents in oral proceedings, right to be heard, III.B.2.6.1
~ dosage regimen, I.C.7.2.4.e
~ evidence of requests, postponement of oral proceedings, III.C.6.1.4.j
~ submissions on appeal, V.A.4
Additional search, V.A.4.12.9
Amended claims admitted as a normal procedural development, V.A.4.11.3.g
Amended claims clearly allowable, V.A.4.12.2
Amendments after arrangement of oral proceedings, V.A.4.5
Change of ownership, V.A.4.8.4
Change of representative, late submission, V.A.4.8.2
Communication of a board of appeal, V.A.4.7
Complexity of new subject‑matter, late submissions, V.A.4.13.3
Converging or diverging versions of claims, V.A.4.12.4
Dependent claims, V.A.4.12.10
Divisional applications, amended claims not admitted, V.A.4.12.12
Exercise of discretion of the boards of appeal, late submissions, V.A.4.3
Experimental data, late submission of, V.A.4.13.5
Interlocutory revision, V.A.4.11.4.e
Late submission of new arguments and lines of attack, V.A.4.10
Legitimate reaction to first-instance decision, V.A.4.13.1
Number of auxiliary requests, V.A.4.12.11
Procedural economy, V.A.4.4.2
Public prior use, late submission of, V.A.4.13.6
Reinstating broader claims in appeal proceedings, V.A.4.12.13
Reintroduction of feature on appeal, V.A.4.11.4.d
Relevance, V.A.4.13.2
Response to objections, amended claims, V.A.4.12.3
Resumption of proceedings before the boards, V.A.4.9
Revocation of patent, V.A.4.12.14
Rules of Procedure of the Boards of Appeal, V.A.4.1.2
Search, amended claims, V.A.4.12.9
Unsubstantiated requests, V.A.4.12.5
~ technical effect, I.C.7.2.4.c
~ therapy with different mode of administration, I.C.7.2.4.f
~ use of a known measure, I.D.9.12
New ground for opposition by opposition division, III.B.2.6.3
Non-attendance at oral proceedings, III.C.5, III.R.2.2.1
Different apportionment of costs ordered, III.R.2.2.1.a
~, obligation to give notice, III.C.5.3
Right to present comments and ~, III.C.5.1
Non-inventions under Article 52(2) and (3) EPC, I.A.2
Aesthetic creations, I.A.2.3
Computer-implemented inventions, I.A.2.4
Discoveries, I.A.2.2
Games, I.A.2.5
Mathematical methods, I.A.2.2
Mental acts, I.A.2.5
Methods for doing business, I.A.2.5
Presentations of information, I.A.2.6
Scientific theories, I.A.2.2
Non-observance of time limit directly causing loss of a right, III.E.3
Definition of "time limit" in re-establishment of rights, III.E.3.1
Excluded time limits, re-establishment of rights, III.E.3.2
Time limits concerning PCT, re-establishment of rights, III.E.3.3
Non-prejudicial disclosures, I.C.2.5
Non-technical
~ distinguishing features, I.C.5.2.8
~ features
Problem and solution approach and "mixed" inventions, ~, I.D.9.1.3.c, I.D.9.1.3.d
Technical and ~, I.D.9.1, I.D.9.1.2
~ subject-matter, II.E.1.3.8
Notary, I.C.3.4.13
Notice of appeal, V.A.3.2.1.b
~ not timely filed, V.A.9.3.2
Notice of opposition, IV.C.2.2.9
Notification, III.S
Delivery by public notice, III.S.1.3
~ by delivery by hand, III.S.1.3
~ by means of electronic communication, III.S.1.2
~ by postal services, III.S.1.1
~ of decision, III.K.5
~ to representatives, III.S.2
~ to third parties, III.S.3
Notoriously well-known technical features, IV.B.4.1.3.a
Novelty, I.C
Ascertaining differences, I.C.5
Availability to the public, I.C.3
Chemical inventions, I.C.6
Content of relevant prior art, I.C.4
Drawings, ~, I.C.4.6
Examples, ~, I.C.4.7
First and second medical use, I.C.7
~ of chemical compounds, I.C.6.2
Anticipation of certain compounds, I.C.6.2.1
Enantiomers, I.C.6.2.3
Substances, I.C.6.2.2
~ of therapeutic application, I.C.7.2.4
Discovery of previously unknown property of compound, I.C.7.2.4.i
Interpretation of "substance or composition", I.C.7.2.4.g
New dosage regimen, I.C.7.2.4.e
New technical effect, I.C.7.2.4.c
New therapy with different mode of administration, I.C.7.2.4.f
Surgical use for a known instrument, I.C.7.2.4.h
Therapeutic method, I.C.7.2.4.j
~ test, amendments, II.E.1.3.7
Second (or further) non-medical use, I.C.8
Selection inventions, I.C.6
State of the art, I.C.2
Nucleotide and amino acid sequences, II.C.7.5
~, priority, II.D.3.1.9
Number of auxiliary requests, V.A.4.12.11
Number of claims, II.A.2.3
O
Obiter dicta, V.A.7.3.3
Objection
~ by a party, III.J.2.3
~ by a third party, III.J.2.4
~ under Article 53(a) EPC, I.B.2.2.2
Obligation to
~ draw attention to easily remediable deficiencies, III.A.3, III.A.3.3
Electronic filing of documents, legitimate expectations, III.A.3.2.3
Fee payments, legitimate expectations, III.A.3.2.2
Languages, III.A.3.2.1
~ maintain secrecy, I.C.3.4
Conferences and availability to the public, I.C.3.4.8
Documents submitted for standardisation, I.C.3.4.9
Joint venture and commercial agreements, I.C.3.4.10
Notary, I.C.3.4.13
Products and availability to the public, I.C.3.4.5, I.C.3.4.6
Samples/products for test purposes and availability to the public, I.C.3.4.7
Scientific papers submitted to obtain an academic degree, I.C.3.4.11
~ raise objections, V.B.3.6
Minutes as evidence that objection was raised, V.B.3.6.4
Observations by third parties, III.N
Anonymously filed third-party observations, III.N.2.4
Fresh ground for opposition in appeal proceedings, ~, III.N.4.3
Fresh ground for opposition in opposition proceedings, ~, III.N.4.2
Language of third party observations, III.N.2.1
~ and scope of opposition, III.N.4.1
Remittal following filing of observations, III.N.5
Third party’s legal status, III.N.3
Obvious
~ alternatives, I.D.9.19.10
~ error, II.E.4.2
Obvious correction, II.E.4.2.3
~ new use, I.D.9.13
~ steps, I.D.9.19.9
Old prior art documents, I.D.3.5.4
Omitted act, re-establishment of rights, III.E.4.3
One-year time limit, re-establishment of rights, III.E.4.1.2
Opponent as sole appellant, reformatio in peius, V.A.3.1.6
Opportunity to comment on new grounds for opposition, IV.C.3.4.6
Opportunity to present comments in opposition proceedings, IV.C.6.5
Opposition
~ by patent proprietor, IV.C.2.1.3
~ division, composition, III.K.1.3
Change in composition of opposition division, III.K.1.3.2
Remittal after breach of Article 19(2) EPC, III.K.1.3.4
~ inadmissible, IV.C.2.3.3
~ period, IV.C.2.2, IV.C.2.2.2
Extent of opposition, IV.C.2.2.6
Grounds for opposition, IV.C.2.2.7, IV.C.2.2.8.b
Identity of opponent, IV.C.2.2.4
Notice of opposition, IV.C.2.2.9
Opposition fee, IV.C.2.2.3
Public prior use in opposition proceedings, IV.C.2.2.8.d
Title of invention, opposition proceedings, IV.C.2.2.5
~ proceedings, continuation, III.Q.1.2
~ proceedings, unity of invention, II.B.3.4
Opposition procedure, III.I.8, IV.C
Acceleration of opposition proceedings, infringement proceedings, IV.C.7
Admissibility of opposition, IV.C.2
Amendments in opposition proceedings, IV.C.5
Decisions of opposition division, IV.C.8
Late submissions, IV.C.4
Legal character of opposition proceedings, IV.C.1
Right to be heard in opposition proceedings, IV.C.6
Straw man, ~, IV.C.2.1.4
Substantive examination of opposition, IV.C.3
Optimisation of parameters, I.D.9.16
Oral proceedings, III.C, V.A.9.5.7, V.C.2.6.2.c
Absence from ~, V.A.4.5.3
Amendments after arrangement of the ~, V.A.4.5
Assistants, presence at deliberations of the board, III.C.7.11
Auxiliary request for ~, III.C.4.5
Business trips, postponement of ~, III.C.6.1.4.d
Closing the debate, III.C.7.9
Computer-generated presentations, ~, III.C.7.4
Conference, postponement of ~, III.C.6.1.4.c
Costs, ~, III.C.8
Exclusion of public from ~, III.C.7.2
Failure to arrange ~, V.B.4.4.1
Further ~ before same department, III.C.4.4
Handwritten amendments, ~, III.C.7.6
Interpreting, ~, III.C.7.7
Invitation to ~, III.B.2.5.4
Location of ~, III.C.6.5
Minutes, III.C.7.10, V.A.9.5.7.f
National holiday, postponement of ~, III.C.6.1.4.e
New arguments in ~, III.B.2.6.2
New documents in ~, right to be heard, III.B.2.6.1
New evidence of requests, postponement of ~, III.C.6.1.4.j
Non-attendance at ~, III.C.5, III.R.2.2.1
~ at the instance of the EPO, III.C.3
~, attendance at, III.C.3.2
~ before the Receiving Section, III.C.2.2
Oral submissions by accompanying person, III.C.7.8
Period of notice for summons to ~, III.C.6.2
Postponement of ~, III.C.6.1, III.R.2.2.2
Preparation of ~, III.C.6
Proceedings before a national court, postponement of ~, III.C.6.1.4.k
Reasons why representative not replaced, ~, III.C.6.1.5
Request for ~, III.C.4
Request for postponement of ~, V.A.9.5.7.c
Right to be heard in case of non-attendance at ~, III.B.2.7
Right to be heard in ~, III.B.2.6
Right to ~, III.C.2
Right to present comments and non-attendance at ~, III.C.5.1
Serious illness, postponement of ~, III.C.6.1.4.a
Sound recordings, III.C.7.5
Substantial procedural violation, V.A.9.5.7
Video-conference, III.C.7.3
Withdrawal of request for ~, III.C.4.3
Oral submissions
~ of accompanying person
Oral proceedings, ~, III.C.7.8
Oral submissions by former members of boards of appeal, III.V.5.3
Oral submissions by qualified patent lawyers of non-contracting states, III.V.5.4
Procedural objection under R. 106 EPC, III.V.5.2.9
Representation, ~, III.V.5
Right to be heard in oral proceedings, ~, III.B.2.6.5
Trainee patent attorneys, III.V.5.2.2
Ordre public, I.B.2, I.B.2.2.2.b
Breaches of ~ or morality, I.B.2
Exception under Rule 28(c) EPC, I.B.2.1.1
Exception under Rule 28(d) EPC, I.B.2.1.2
Objection under Article 53(a) EPC, I.B.2.2.2
Original disclosure, II.E.1.3.5.a
P
Parallel proceedings, V.A.5
Parameter ranges, I.C.6.3
Overlapping ranges, I.C.6.3.2
Selection from a broad range, I.C.6.3.1
Parameters
Clarity of claims, ~, II.A.3.5
Distinguishing features, ~, I.C.5.2.3
Optimisation of ~, I.D.9.16
~, setting upper and lower limits, II.E.1.5
~, sufficiency of disclosure, II.C.5.5
Paris Convention, II.D.2.1
Partial
~ admissibility of appeal, V.A.2.6.8
~ and multiple priorities, II.D.5
Multiple priorities or partial priority for one claim, II.D.5.3
Priorities for different parts of a European patent application, II.D.5.2
~ priority, II.D.5.3.2
~ problems, I.D.9.2.2
Formulation of ~, I.D.4.3.3
Partiality, III.J
Admissibility of intervention, III.J.3
Competence of the board in its original composition, ~, III.J.3.1
European Convention on Human Rights, III.J.1.3
Former board members, III.J.7
Objection by a party, III.J.2.3
Objection by a third party, III.J.2.4
~ of members of boards of appeal, III.J.5
Grounds for exclusion under Article 24(1) EPC, III.J.5.1
Grounds for objection under Article 24(3) EPC, III.J.5.2
~ of members of departments of first-instance, III.J.4
Partiality, personal interest, III.J.4.3
~ of members of the Enlarged Board of Appeal, III.J.6
Petition for review proceedings, III.J.6.2
~, reimbursement of appeal fee, V.A.9.5.12
Participation in decision under appeal, ~, III.J.5.1.2
Reasoned objection, ~, III.J.3.3
Self-recusation, III.J.2.1
The judge designated by law, III.J.1.5
Participation in decision under appeal, partiality, III.J.5.1.2
Party
Parties to appeal proceedings, V.A.2.4.3.a
~ adversely affected, V.A.2.4.2
~ status, III.O.2.5
Evidence of transfer of ~, III.O.2.6
~ as patent proprietor, III.O.1
~ status as opponent, III.O.2
Transfer together with business assets, III.O.2.3
Universal succession, III.O.2.2
~ status, transfer, III.O
Patent
~ application and amendments, II
Amendments, II.E
Claims, II.A
Divisional applications, II.F
Priority, II.D
Sufficiency of disclosure, II.C
Unity of invention, II.B
~ application, prior art acknowledged, I.C.2.7
~ specifications as common general knowledge, I.C.2.8.2
~s and availability to the public, I.C.3.2.1.g
Patentability, I
Exceptions to ~, I.B
Industrial application, I.E
Inventive step, I.D
Microbiological processes, exceptions to ~, I.B.3.4
Novelty, I.C
~ requirements, I.A.1.2, I.A.1.3
Technical inventions, ~, I.A.1.2, I.A.1.3
Patentable inventions, I.A
Non-inventions under Article 52(2) and (3) EPC, I.A.2
Technical inventions, I.A.1
Patentable technical processes, I.B.3.3.2.b
Patentee as sole appellant, reformatio in peius, V.A.3.1.5
Payment
~, no legal ground, V.A.9.3.6
~ of fees, III.U.2
Debit orders, fees, III.U.2.2
Methods of ~, III.U.2.1
~s, small amounts lacking, III.U.4
PCT applications as state of the art, I.C.2.4.4
Pendency of earlier application, divisional applications, II.F.3.5
Period of notice for summons to oral proceedings, III.C.6.2
Person not skilled in the art, availability to, I.C.3.3.2
Petition for review, V.B.3
Burden of proof, V.B.3.12
Composition of Enlarged Board in review procedure, V.B.3.10
Effects of a successful ~, V.B.3.13
Grounds for ~, V.B.4
Grounds for review, V.B.3.4
Obligation to raise objections, V.B.3.6
~ proceedings, III.J.6.2
Petition must be adequately substantiated, V.B.3.7.1
Scope of review by the Enlarged Board of Appeal, V.B.3.4
Time limit for filing a ~, V.B.3.8
Plants and plant varieties, I.B.3.1
Definition of "plant varieties", I.B.3.1.1
Point of law of fundamental importance – Enlarged Board of Appeal, V.B.2.3.7
Postdating of previous application, II.D.2.5
Postponement of oral proceedings, III.C.6.1, III.R.2.2.2
Apportionment of costs, III.R.2.2.2
Booked holidays, ~, III.C.6.1.4.b
Business trips, ~, III.C.6.1.4.d
Conference, ~, III.C.6.1.4.c
National holiday, ~, III.C.6.1.4.e
New evidence of requests, ~, III.C.6.1.4.j
Preparation of oral proceedings, III.C.6.1
Proceedings before a national court, ~, III.C.6.1.4.k
Reasons why representative not replaced, oral proceedings, III.C.6.1.5
Request for ~, V.A.9.5.7.c
Serious illness, ~, III.C.6.1.4.a
Post-published documents
Reproducibility, ~, II.C.6.8
Technical problem, ~, I.D.4.6
Preliminary and formalities examination, IV.A
Date of filing, IV.A.5
Deemed withdrawal of application, IV.A.9
Designation of states, IV.A.7
Filing of applications, IV.A.3
Filing of applications, entitled persons, IV.A.4
Formal requirements of patent application, IV.A.6
Priority, IV.A.8
Publication of application, IV.A.10
Preparation of oral proceedings, III.C.6
Appeal proceedings, III.C.6.3.2
Location of oral proceedings, III.C.6.5
Period of notice for summons to oral proceedings, III.C.6.2
Postponement of oral proceedings, III.C.6.1
Presentations of information
Mental acts, I.D.9.1.6.a
Non-inventions under Article 52(2) and (3) EPC, ~, I.A.2.6
Technical and non-technical features, ~, I.D.9.1.6
Prima facie relevance, IV.C.4.5.3
Principle of equal treatment in opposition proceedings, IV.C.6.1
Principle of free evaluation of evidence, III.G.4.1
Principle of proportionality, III.E.8
Prior art documents, availability to the public, III.G.4.3.4
Internet archives and publications, III.G.4.3.4.c
Prior rights, I.C.2.4
Amendments occasioned by national ~, IV.C.5.1.2
Divisional applications applicability of Article 54(3) EPC, I.C.2.4.2
European ~, I.C.2.4.1
National ~, I.C.2.4.3
PCT applications as state of the art, I.C.2.4.4
Applications giving rise to a right of ~, II.D.2
Applications with same filing or ~ date, I.C.2.2
Common general knowledge, ~, II.D.3.1.4
Disclosure in ~ document enabling, II.D.3.1.6
Disclosure of essential features in ~ document, II.D.3.1.5
Error margins and definitions of limits, ~, II.D.3.1.7
Exhibition ~, II.D.2.4
Generic disclosure, ~, II.D.3.1.8
Identity of applicant, ~, II.D.4.2
Identity of invention, ~, II.D.3, II.D.4.1
In-house knowledge not published before ~ date, I.C.2.6
Multiple priorities or partial ~ for one claim, priority, II.D.5.3
National deposit of industrial design, ~, II.D.2.3
Nucleotide and amino acid sequences, ~, II.D.3.1.9
Partial and multiple priorities, II.D.5
Partial ~, II.D.5.3.2
Patent application and amendments, II.D
Preliminary and formalities examination, IV.A.8
Priorities for different parts of a European patent application, II.D.5.2
~ documents, II.E.1.2.2, IV.A.8.1
Added subject-matter, amendments, II.E.1.2.2
Correction of ~, IV.A.8.2
~ interval, II.D.5.1
~ right of applicant or successor in title, II.D.2.2
Transfer, priority, II.D.2.2.2
Problem
~ and solution approach, I.D.2
~ in chemical inventions, I.D.9.8.1
~ and solution approach and "mixed" inventions, I.D.9.1.3
Comvik approach, I.D.9.1.3.b
Excluded subject-matter, I.D.9.1.3.e
Non-technical features, I.D.9.1.3.c, I.D.9.1.3.d
~ inventions, I.D.9.11
Procedural
~ economy
Delay in procedure, V.A.7.3.1
Late-filed facts and evidence, V.A.4.4.2.b
Late-filed requests, V.A.4.4.2.a
New submissions on appeal, ~, V.A.4.4.2
Obiter dicta, V.A.7.3.3
Remittal to department of first-instance, ~, V.A.7.3
~ objection under R. 106 EPC, III.V.5.2.9
~ status of third parties, III.L.6
Procedure for fixing costs, III.R.3.2
Proceedings before a national court, postponement of oral proceedings, III.C.6.1.4.k
Proceedings before the boards of appeal, V
Appeal procedure, V.A
Disciplinary Board of Appeal, V.C
Enlarged Board of Appeal, V.B
Process claims, I.C.8.1.3, I.C.8.1.3.b, I.C.8.1.3.c
~ containing a purpose feature, I.C.8.1
Process claims, I.C.8.1.3
Product claims with purpose characteristics, I.C.8.1.5
Statement of purpose in non-medical use claims, I.C.8.1.4
Therapeutic treatment of animals, I.C.8.1.2
Use claims, I.C.8.1.3.b
Use of known process for particular purpose, I.C.8.1.3.d
Product claim, I.C.7.1.2, II.E.2.6.1, II.E.2.6.1.b, II.E.2.6.2, II.E.2.6.4
~ with process features, I.C.5.2.7
~s for plants, I.B.3.3.3
~s with purpose characteristics, I.C.8.1.5
Purpose-related ~, I.C.7.1.2, I.C.7.2.3, II.E.2.6.7
Use claim, II.E.2.6.1.a
Product-by-process claims, II.A.7, II.E.2.6.2
~ and their scope of protection, II.A.7.6
~ and use claims, II.A.7.4
Scope of protection of ~, II.A.7.6
Products and availability to the public
Obligation to maintain secrecy, ~, I.C.3.4.5, I.C.3.4.6
Professional
~ experience, V.C.2.1.2
~ obligations, Code of Professional Conduct, V.C.4.1
~ secrecy, Code of Professional Conduct, V.C.4.2
Programming a computer, I.A.2.4.3.c
Proof, I.C.3.5
Burden of ~, I.C.3.5.1, II.A.2.2.2, III.G.5, V.B.3.12
Burden of ~ shifted, III.G.5.2
Internet and ~ of date of availability, I.C.3.5.2.c
~ of common general knowledge, I.C.2.8.5
Standard of ~, I.C.3.5.2, III.G.4.3
Standard of ~ for allowing amendments and corrections, II.E.5
Protection, extension of, II.E.2
Change of claim category, amendments, II.E.2.6
Claims, totality of, II.E.2.2
Deletion of a limiting feature in a claim, II.E.2.4.1
Deletion of disclaimer, II.E.2.4.4
Deletion of drawings, II.E.2.4.5
Deletion of examples for a general feature, II.E.2.4.3
Deletion of feature from claim, II.E.2.4.7
Deletion of important feature from description, II.E.2.4.2
Extent of protection, II.E.2.3
Purpose of Article 123(3) EPC, II.E.2.1
Replacement by “aliud”, II.E.2.4.13
Replacement of drawings, II.E.2.4.15
Transposition of features within claims, II.E.2.5
Public
~ and availability to the public, I.C.3.3
Limited circle of people and availability to the public-, I.C.3.3.3
Person not skilled in the art, availability to, I.C.3.3.2
Public libraries and availability to the public, I.C.3.3.4
~ holidays, III.D.1.3.1
Extension of time limits due to ~ or dislocation in delivery of mail, III.D.1.3
~ prior use
Composition of product and ~, I.C.3.2.4.d
Internal structure of product and ~, I.C.3.2.4.d
~ in opposition proceedings, IV.C.2.2.8.d
Standard of proof, ~, III.G.4.3.2
Ways of making information available to the public, ~, I.C.3.2.4
~ prior use, late submission of
New submissions on appeal, ~, V.A.4.13.6
Standard of proof, ~, I.C.3.5.2.b
Publication
~ date, I.C.3.2.3.c
~ of application, IV.A.10
~ of decision, V.B.5.6
~s and availability to the public, I.C.3.2.1
Advertising brochures and availability to the public, I.C.3.2.1.c
Books and availability to the public, I.C.3.2.1.e
Company papers and availability to the public, I.C.3.2.1.b
Instruction manuals and availability to the public, I.C.3.2.1.f
Patents and availability to the public, I.C.3.2.1.g
Reports in specialist field and availability to the public, I.C.3.2.1.d
Trade names, I.C.3.2.1.h
Utility models and availability to the public, I.C.3.2.1.g
Purpose-related product claim, I.C.7.1.2, I.C.7.2.3, II.E.2.6.7
Purposive selection, I.D.9.19.4
R
Reach-through claims, II.C.6.5
Reasonable expectation of success, I.D.7.1
Reasoned objection, partiality, III.J.3.3
Reasons for the decision, III.K.3.4
Sufficient reasoning, III.K.3.4.3
Receiving Section, corrections, IV.A.5.5.3
Rectification, V.A.9.6.3
Re-establishment of rights, III.E
Admissibility of request for ~, III.E.4
Deficiencies in computerised systems, ~, III.E.5.4.7
Definition of "time limit" in ~, III.E.3.1
Designation of states, ~, III.E.3.1.2
Divisional applications, ~, III.E.3.1.1
Due care and ~, III.E.5.2, III.E.5.5
Employee, ~, III.E.5.4.6
Exceptional circumstances, ~, III.E.5.3
Excluded time limits, ~, III.E.3.2
Financial difficulties, ~, III.E.4.2.2
Inability to observe time limits, ~, III.E.4.2
Interruption of proceedings, ~, III.E.6.4
"Isolated mistake" by representative, ~, III.E.5.4.1
Isolated mistake within a satisfactory system, ~, III.E.5.4
Non-observance of time limit directly causing loss of a right, III.E.3
Omitted act,~, III.E.4.3
One-year time limit, ~, III.E.4.1.2
Principle of proportionality, III.E.8
Reimbursement of the fee for re-establishment, III.E.9
Removal of cause of non-compliance, ~, III.E.4.1.1
Request for ~, III.E.4.4, III.E.4.6, III.E.6.2
Responsibility of representative, ~, III.E.5.5.4.e
Right to file request for ~, III.E.2
Rights of use, III.E.7
Time limits concerning PCT, ~, III.E.3.3
Time limits for filing request for ~, III.E.4.1
Referral
~ by a board of appeal, V.B.2.3
Point of law of fundamental importance – Enlarged Board of Appeal, V.B.2.3.7
Uniform application of law, Enlarged Board of Appeal, V.B.2.3.6
~ by President of the EPO, V.B.2.4
Differing decisions, V.B.2.4.3
Discretion of President, V.B.2.4.2
~ under Article 112 EPC, V.B.2
Stay of appeal proceedings following a referral, V.B.2.5.4
Stay of first-instance proceedings following a referral, V.B.2.5.3
Reformatio in peius and lack of cross-appeal in the EPC, V.A.3.1.9
Reformatio in peius in appeal procedure, V.A.3.1
Opponent as sole appellant, reformatio in peius, V.A.3.1.6
Patentee as sole appellant, reformatio in peius, V.A.3.1.5
Reformatio in peius and lack of cross-appeal in the EPC, V.A.3.1.9
Revocation of patent, V.A.3.1.7
Reformulation of technical problem, I.D.4.4, II.E.1.14.6
Description, amendments, II.E.1.14.6
Technical effect invoked subsequently, I.D.4.4.2
Refund of further search fees in examination proceedings, II.B.3.3
Refusal after a single communication in examination procedure, IV.B.2.5
Refusal of application
Grant of patent, ~, IV.B.3.9
Statement of grounds of appeal, ~, V.A.2.6.3.c
Register of legal practitioners, III.V.3.2
Registration and enrolment conditions, European qualifying examination, V.C.2.1
Professional experience, V.C.2.1.2
Registration of licences in Patent Register, III.M.2.2
Reimbursement of
Allowability of appeal, ~, V.A.9.4
Appeal deemed not to have been filed or inadmissible appeal, V.A.9.3
Appeal inadmissible, ~, V.A.9.3.3
Competence to decide on ~, V.A.9.6.2
Error of judgment, ~, V.A.9.5.10
Inadequate reasons in decision at first-instance, ~, V.A.9.5.9
Partiality, ~, V.A.9.5.12
~ in case of request for re-establishment, V.A.9.3.7
~, legitimate expectations, V.A.9.7.3
Right to be heard, ~, V.A.9.5.8
Several appellants, ~s, V.A.9.3.9
Substantial procedural violation, V.A.9.5
Suspensive effect of appeal, ~, V.A.9.5.13
Withdrawal of appeal,, V.A.9.8
~ appeal fee if equitable, V.A.9.7
Reimbursement of appeal fee, legitimate expectations, V.A.9.7.3
~ appeal fee in case of interlocutory revision, V.A.9.6
Competence to decide on reimbursement of appeal fee, V.A.9.6.2
Rectification, V.A.9.6.3
~ costs, V.B.5.7
~ fee for petitions for review, V.B.3.13.3
~ fee for re-establishment, III.E.9
Relationship
~ between Article 123(2) and Article 123(3) EPC, II.E.3
Inescapable trap, II.E.3.1
~ between Article 83 and Article 84 EPC, II.C.8
Sufficiency of disclosure and clarity of claims, II.C.8.2
Sufficiency of disclosure and support from description, II.C.8.1
~ of Rule 139 EPC to Article 123(2) EPC and (3) EPC, II.E.4.1
Relevance, V.A.4.13.2
Prima facie ~, IV.C.4.5.3
~ of Article 69 EPC, II.A.6.3.2
Relevant date of documents, I.C.2.3
Relevant date, sufficiency of disclosure, II.C.2
Remittal
~ after breach of Article 19(2) EPC, III.K.1.3.4
~ following filing of observations, III.N.5
~ following substantial procedural deficiencies, V.A.7.7
Appellant adversely affected, V.A.7.7.2.d
Composition of opposition division, V.A.7.7.2.c
Right to be heard, V.A.7.7.2.a
~ for continuation of proceedings, V.A.8.5
~ only for adaptation of description, V.A.7.8, V.A.8.6
Binding effect of decision, remittal, V.A.8.6
~ to a differently composed department of first-instance, V.A.8.7
~ to department of first-instance, V.A.7
Exercise of discretion to remit, V.A.7.2
Procedural economy, V.A.7.3
Remittal following substantial amendment to claims, V.A.7.6
Remittal where new submissions filed on appeal, V.A.7.5
Removal from office of a board member, V.B.5
Judicial independence, V.B.5.3
Publication of decision, V.B.5.6
Reimbursement of costs, V.B.5.7
Removal of cause of non-compliance, re-establishment of rights, III.E.4.1.1
Repeatability, sufficiency of disclosure
Clarity of disclosure, ~, II.C.7.1.3
Reproducibility, ~, II.C.6.1
Replacement by “aliud”, II.E.2.4.13
Replacement of drawings, II.E.2.4.15
Reports in specialist field and availability to the public, I.C.3.2.1.d
Representation, III.V
External persons, ~ requirement, III.V.2.2
Legal practitioners, III.V.3
Oral submissions by accompanying person, III.V.5
Representative, authorisation, III.V.4
Authorisation, termination, III.V.4.5
General authorisations, representatives, III.V.4.2
Representatives, association, III.V.4.4
Sub-authorisations, III.V.4.3
Representatives, III.V.2
External persons, representation requirement, III.V.2.2
General authorisations, ~, III.V.4.2
List of professional ~, III.V.2.1
Notification to ~, III.S.2
~, association, III.V.4.4
~ during the transitional period, III.V.2.3
Reproducibility, I.E.2, II.C.6
Post-published documents, II.C.6.8
Reach-through claims, II.C.6.5
Repeatability, sufficiency of disclosure, II.C.6.1
~ of content of disclosure, I.C.4.11
~ without undue burden, II.C.6.6
Chemical compounds, II.C.6.6.9
Claims, forbidden area, II.C.6.6.4
Experiments, sufficiency of disclosure, II.C.6.6.7
Measuring methods, II.C.6.6.8
Trial and error, sufficiency of disclosure, II.C.6.7
Variants, II.C.6.3
Request
~ for apportionment of costs, III.R.4.1
~ for correction, time limit for, IV.A.8.2.2.b
~ for examination, IV.B.1.2
~ for postponement of oral proceedings, V.A.9.5.7.c
~ for re-establishment of rights, III.E.4.4, III.E.4.6
Admissibility of ~, III.E.4, III.E.4.4, III.E.4.6
Time limits for filing ~, III.E.4.1
~s, admissibility, III.I.3
Late-filed requests, III.I.3.4
Requests of equal rank, III.I.3.2
~s, order of, III.I.2
Request for examination and language privilege, III.F.6.2
Request for oral proceedings, III.C.4
Auxiliary request for oral proceedings, III.C.4.5
Further oral proceedings before same department, III.C.4.4
Withdrawal of request for oral proceedings, III.C.4.3
Requirement to have comments considered, V.B.4.3.10.a
Res judicata, V.A.8.1
~ and divisional applications, II.F.2.4.3
Response to objections, amended claims, V.A.4.12.3
Responsibility of representative, re-establishment of rights, III.E.5.5.4.e
Resumption of proceedings before the boards, V.A.4.9
Review of
~ discretionary decisions by the boards, IV.C.4.5.2
~ first-instance discretionary decisions, V.A.3.5
Discretion misused by the department of first-instance, V.A.3.5.3.c
Review of discretion, stay of proceedings, V.A.3.5.6
~ substantive law excluded, V.B.3.4.3
Revocation of patent, IV.D, V.A.2.6.7.b, V.A.4.12.14
New submissions on appeal, V.A.4.12.14
Statement of grounds of appeal, V.A.2.6.7.b
Revocation of patent, V.A.3.1.7
Right
~ to a referral under Article 112 EPC, V.B.4.3.14
~ to present comments and non-attendance at oral proceedings, III.C.5.1
~s of use, III.E.7
Right to be heard, III.B, V.A.7.7.2.a
Appeal proceedings, III.B.2.2.1
~, evidence, III.G.3.3
~ in case of non-attendance at oral proceedings, III.B.2.7
~ in opposition proceedings, IV.C.6
Composition of opposition division, IV.C.6.6
Invitation to file observations in opposition proceedings, IV.C.6.2
Opportunity to present comments in opposition proceedings, IV.C.6.5
Principle of equal treatment in opposition proceedings, IV.C.6.1
~ in oral proceedings, III.B.2.6
Hearing of witnesses, III.B.2.6.4
New arguments in oral proceedings, III.B.2.6.2
New documents in oral proceedings, right to be heard, III.B.2.6.1
New ground for opposition by opposition division, III.B.2.6.3
Oral submissions of accompanying person, III.B.2.6.5
~, reimbursement of appeal fee, V.A.9.5.8
Surprising grounds or evidence, ~, III.B.2.3
Timing of decisions, ~, III.B.2.5
Violation of ~, examination ex officio, III.B.2.1
Right to oral proceedings, III.C.2
Oral proceedings before the Receiving Section, III.C.2.2
~ after Rule 71(3) EPC communication, III.C.2.1.1
Telephone conversation, right to, III.C.2.1.3
Rules of Procedure of the Boards of Appeal
Legal character of appeal procedure, ~, V.A.1.2
New submissions on appeal, ~, V.A.4.1.2
Rules relating to Fees, III.D.1.2.2, III.U
Date of payment, III.U.3
Examination fee, partial refund, III.U.6
Examination fee, reduction, III.U.5
Payment of fees, III.U.2
Payments, small amounts lacking, III.U.4
S
Same purpose or effect, I.D.3.2
Samples/products for test purposes and availability to the public, I.C.3.4.7
Satisfaction of a long-felt need, I.D.10.4
Scientific papers submitted to obtain an academic degree, I.C.3.4.11
Scientific theories, I.A.2.2, I.A.2.2.1
Discoveries, I.A.2.2.1
Mathematical methods, I.A.2.2.2
Scope of
~ exception under Rule 28(c) EPC, I.B.2.1.1
~ protection, I.C.7.2.3
~ and infringement, II.A.6.3.6
~ of product-by-process claims, II.A.7.6
~ review by the Enlarged Board of Appeal, V.B.3.4
Review of substantive law excluded, V.B.3.4.3
Search
~, amended claims, V.A.4.12.9
Features taken from the description, V.A.4.12.9.b
~ during examination, IV.B.4
~ fees, II.B.6.4
Refund of further ~ in examination proceedings, II.B.3.3
~ for divisional application, II.F.4.4
~ fees, non-payment of, II.B.6.1, IV.B.4.2
~ fees where plurality of inventions, II.B.6
Euro-PCT applications, II.B.6.2
Unsearched subject-matter, II.B.6.3
~ incomplete, IV.B.4.1
Notoriously well-known technical features, IV.B.4.1.3.a
Search additional necessary, IV.B.4.1.2
~ report, IV.B.5.3.2
Search fee refund, V.A.2.3.2.b
Second (or further) medical use, I.C.7.2
Novelty of therapeutic application, I.C.7.2.4
Purpose-related product claim, I.C.7.2.3
Scope of protection, I.C.7.2.3
Swiss-type claim, I.C.7.2.3
Therapeutic application, I.C.7.2.4
Second (or further) non-medical use, I.C.8
Process claims containing a purpose feature, I.C.8.1
Secondary indicia, inventive step, I.D.10
Age of documents, I.D.10.3
Bonus effect, I.D.10.8
Commercial success, I.D.10.5
Comparative tests, I.D.10.9
Market competitors, I.D.10.6
Satisfaction of a long-felt need, I.D.10.4
Simple solution, I.D.10.7
Surprising effect, I.D.10.8
Technical prejudice, I.D.10.2
Time factor, I.D.10.3
Selection
~ from two lists, II.E.1.6.2
Chemical compounds, I.C.6.2
Novelty of chemical compounds, I.C.6.2
Parameter ranges, I.C.6.3
Substances, I.C.6.2
~ of parameter ranges, I.C.6.3
Overlapping ranges, I.C.6.3.2
Selection from a broad range, I.C.6.3.1
Self-recusation, III.J.2.1
Serious illness, postponement of oral proceedings, III.C.6.1.4.a
Signature, III.K.3.3
Computer-generated communications, III.K.3.3.3.a
Decisions in written proceedings, III.K.3.3.3.c
Draft decisions, III.K.3.3.3.e
~ on decision, V.A.9.5.11.e
Signing of minutes, III.C.7.10.4
Similarity of technical problem, I.D.3.3
Simple solution, I.D.10.7
Simplification of complicated technology, I.D.9.19.7
Simulation methods, I.A.2.4.3.f
Single general inventive concept, unity of invention, II.B.5
Markush claims, II.B.5.3
Skilled person
Added subject-matter, amendments, ~, II.E.1.3.2
Definition of ~, I.D.8.1
Everyday items from a different technical field, I.D.8.4
Group of people as ~, I.D.8.1.2
Inventive step, ~, I.D.8
Neighbouring field, I.D.8.2
~ and level of knowledge, I.D.8.3
~ in biotechnology, I.D.8.1.3
~ in field of computer-implemented inventions, I.D.8.1.4
~, relevant knowledge, II.C.4
Sound recordings, III.C.7.5
Standard of proof, I.C.3.5.2, III.G.4.3
Abusive conduct, III.G.4.3.6
Balance of probabilities, III.G.4.3.1
Evaluation of evidence, III.G.4.3
Internet and proof of date of availability, I.C.3.5.2.c
Prior art documents, availability to the public, III.G.4.3.4
Public prior use, III.G.4.3.2
Public prior use, late submission of, I.C.3.5.2.b
~ for allowing amendments and corrections, II.E.5
State of the art, I.C.2
Applications with same filing or priority date, I.C.2.2
Common general knowledge, I.C.2.8
In-house knowledge not published before priority date, I.C.2.6
Non-prejudicial disclosures, I.C.2.5
Patent application, prior art acknowledged, I.C.2.7
PCT applications as ~, I.C.2.4.4
Prior rights, I.C.2.4
Relevant date of documents, I.C.2.3
Statement of grounds of appeal, V.A.2.6
New case raised by opponent in ~, V.A.2.6.5
New case raised by patent proprietor in ~, V.A.2.6.5
Partial admissibility of appeal, V.A.2.6.8
Refusal of the application, V.A.2.6.3.c
Revocation of patent, V.A.2.6.7.b
~ not received by respondent and right to be heard, III.B.2.3.8
Substantial procedural violation, V.A.2.6.7.c
Statement of purpose in non-medical use claims, I.C.8.1.4
Stay of
~ appeal proceedings following a referral, V.B.2.5.4
~ first-instance proceedings following a referral, V.B.2.5.3
European Patent Register, III.M.2
Filing divisional application during ~, II.F.3.1.2
Inspection of files, III.M.1
National court, III.M.3.1.2
Review of discretion, ~, V.A.3.5.6
Straw man, opposition procedure, IV.C.2.1.4
Sub-authorisations, III.V.4.3
Subject-matter under examination in appeal procedure, V.A.3.2
Admissibility of opposition, V.A.3.2.1.a
Appeal by patentee against revocation, V.A.3.2.1.e
Dependent claims, V.A.3.2.1.d
Fresh ground for opposition on appeal, V.A.3.2.1.h
Notice of appeal, V.A.3.2.1.b
Subsequent filing of missing parts of description or missing drawings, IV.A.5.4
Substances, I.C.6.2, I.C.6.2.2
Anticipation of certain compounds, I.C.6.2.1
Enantiomers, I.C.6.2.3
Novelty of enantiomers, I.C.6.2.3
Novelty of groups of ~, I.C.6.2.2
Substantial procedural violation, V.A.2.6.7.c, V.A.9.5
Ambiguous communication,, V.A.9.5.17.a
Composition of opposition division, V.A.9.5.11.f
Error of judgment, reimbursement of appeal fee, V.A.9.5.10
Inadequate reasons in decision at first-instance, reimbursement of appeal fee, V.A.9.5.9
Oral proceedings, V.A.9.5.7
Partiality, reimbursement of appeal fee, V.A.9.5.12
Reimbursement of appeal fee, V.A.9.5
Right to be heard, reimbursement of appeal fee, V.A.9.5.8
Signature on decision, V.A.9.5.11.e
Statement of grounds of appeal, V.A.2.6.7.c
Suspensive effect of appeal, reimbursement of appeal fee, V.A.9.5.13
Wrong form, V.A.9.5.17.a
Substantive examination, IV.B.2
Amendments under Rule 137(3) EPC, IV.B.2.6
Communication from examining division, failure to reply, IV.B.2.7
Communications in examination procedure, IV.B.2.8
Communications under Rule 71(1) and (2) EPC, IV.B.2.4
Consolidation of proceedings in examination procedure, IV.B.2.3
Informal communications in examination procedure, IV.B.2.9
Refusal after a single communication in examination procedure, IV.B.2.5
~ of opposition, IV.C.3
Extent of opposition, IV.C.3.2
Fresh grounds for opposition, IV.C.3.4
Grounds for opposition, scope of examination, IV.C.3.3
~ of the appeal, V.A.3
Ex officio examination of facts in appeal proceedings, V.A.3.4.1
Reformatio in peius in appeal procedure, V.A.3.1
Review of first-instance discretionary decisions, V.A.3.5
Sufficiency of disclosure, I.E.2, II.C
Antibodies, ~, II.C.7.3
Budapest Treaty, ~, II.C.7.6.2.a
Clarity and completeness of disclosure, II.C.5
Evidence, ~, II.C.9
Experiments, ~, II.C.6.6.7
Medical use, ~, II.C.7.2
Parameters, ~, II.C.5.5
Relationship between Article 83 and Article 84 EPC, II.C.8
Relevant date, ~, II.C.2
Repeatability, ~, II.C.6.1, II.C.7.1.3
Reproducibility, II.C.6
Skilled person, relevant knowledge, II.C.4
~ and clarity of claims, II.C.8.2
~ and support from description, II.C.8.1
~ in biotechnology field, II.C.7
Deposit of living material, II.C.7.6
Nucleotide and amino acid sequences, II.C.7.5
Undue burden, sufficiency of disclosure, II.C.7.4
Trial and error, ~, II.C.6.7
Surgical
~ methods, I.B.4.2, I.B.4.3, I.B.4.3.2, I.B.4.3.3
Apparatus claim, I.B.4.3.4.c
Disclaimer, I.B.4.3.5.b
Medical practitioner, I.B.4.2.2
Methods concerning operation of a device, I.B.4.3.5.c
Surgical intervention, I.B.4.3.6
~ use for a known instrument, I.C.7.2.4.h
Surprising effect, I.D.10.8
Surprising grounds or evidence, right to be heard, III.B.2.3
Statement of grounds of appeal not received by respondent and right to be heard, III.B.2.3.8
Surrender and lapse of the patent, III.Q.1
Opposition proceedings, continuation, III.Q.1.2
Suspensive effect of appeal, V.A.1.3
~, reimbursement of appeal fee, V.A.9.5.13
Swiss-type claims, I.C.7.2.3, II.E.2.6.6, II.E.2.6.7
Sworn statements, III.G.2.3.1
Synergistic effects, I.D.9.8.6
T
Taking of evidence, III.G.3
Right to be heard, evidence, III.G.3.3
Technical
~ and non-technical features, I.D.9.1, I.D.9.1.2
Formulation of technical problem, I.D.9.1.4
Mathematical algorithms, I.D.9.1.8
Meta methods for software production, I.D.9.1.7
Presentation of information, I.D.9.1.6
Problem and solution approach and "mixed" inventions, I.D.9.1.3
~ board of appeal competent, V.A.2.3.1.b
~ character of an invention, I.A.1.1, I.D.9.1.1
~ disclosure in a prior art document, I.D.9.4
~ effect, I.D.9.1.5
New ~, I.C.7.2.4.c
~ invoked subsequently, I.D.4.4.2
~ on a physical entity, I.A.2.4.3.b
~ features, claims, II.A.1.3
~ inventions, I.A.1
Contribution approach, ~, I.A.1.4.1.a
Invention under Article 52(1) EPC, I.A.1.4
Patentability requirements, I.A.1.2
~ prejudice, I.D.10.2
~ problem, I.D.4
Alleged advantages, I.D.4.2
Alternative solution to a known problem, I.D.4.5
Formulation of ~, I.D.4.3, I.D.9.1.4
Post-published documents, I.D.4.6
Reformulation of ~, I.D.4.4, II.E.1.14.6
Similarity of ~, I.D.3.3
~, unity of invention, II.B.4.1
~ standards, I.D.9.19.2
Telephone conversation, right to, III.C.2.1.3
Term "comprising (substantially)", II.A.6.2
Term "consisting (essentially) of", II.A.6.2
Termination of appeal proceedings, V.A.6
Closure of substantive debate in appeal proceedings, V.A.6.1
Deemed withdrawal of patent application, V.A.6.4
Interlocutory decisions, V.A.6.2
Withdrawal of appeal, V.A.6.3
Test and experimental evidence, III.G.4.2.2
The judge designated by law, III.J.1.5
Therapeutic
~ application, I.C.7.2.4, I.C.8.1.2.a
Discovery of previously unknown property of compound, I.C.7.2.4.i
Interpretation of "substance or composition", I.C.7.2.4.g
New dosage regimen, I.C.7.2.4.e
New technical effect, I.C.7.2.4.c
New therapy with different mode of administration, I.C.7.2.4.f
Novelty of ~, I.C.7.2.4
Surgical use for a known instrument, I.C.7.2.4.h
~ methods, I.B.4.2, I.B.4.4, I.C.7.2.4.j
Medical practitioner, I.B.4.2.2
Therapeutic and non-therapeutic indications, I.B.4.4.2
~ treatment of animals, I.C.8.1.2
Third
~ parties, III.L.6
Notification to ~, III.S.3
Observations by ~, III.N
~ party, intervention, III.P.1.1
~ party’s legal status, III.N.3
Time
~ factor, I.D.10.3
~ limit for appeal, V.A.2.5
Appeal fee, V.A.2.5.4
Electronic filing of appeal, V.A.2.5.1
Filing of appeal, V.A.2.5.3
~, European qualifying examination, V.C.2.6.2.a
~ limit for filing a petition for review, V.B.3.8
~ limit for intervention, III.P.1.5
Time limits, III.D
Calculation of ~, III.D.1
Excluded ~, re-establishment of rights, III.E.3.2
Extension of ~ due to public holidays or dislocation in delivery of mail, III.D.1.3
Further processing, III.D.2
Inability to observe ~, re-establishment of rights, III.E.4.2
Interruption of proceedings, III.D.3
~ concerning PCT, re-establishment of rights, III.E.3.3
~ for filing request for re-establishment of rights, III.E.4.1
One-year time limit, re-establishment of rights, III.E.4.1.2
Removal of cause of non-compliance, re-establishment of rights, III.E.4.1.1
Timing of decisions, right to be heard, III.B.2.5
Immediate refusal after communication, III.B.2.5.3
Invitation to oral proceedings, III.B.2.5.4
Trade names, I.C.3.2.1.h
Trainee patent attorneys, III.V.5.2.2
Transfer
~, priority, II.D.2.2.2
~ together with business assets, III.O.2.3
~s,Patent Register, III.M.2.3
Translations and language privilege, III.F.5
Trial and error, sufficiency of disclosure, II.C.6.7
Tribunals under Article 6 European Convention on Human Rights, VII.1.2.2
TRIPS, V.A.7.2.2
Business ~, postponement of oral proceedings, III.C.6.1.4.d
Judicial or quasi-judicial authorities under ~ Agreement, VII.1.2.3
~ Agreement, III.H.2
U
Undisclosed disclaimers, II.E.1.7.2.a
Undue burden, sufficiency of disclosure, II.C.7.4
Uniform application of law, Enlarged Board of Appeal, V.B.2.3.6
Unity of invention, II.B
Lack of unity at the search stage, II.B.3.2
Opposition proceedings, ~, II.B.3.4
Refund of further search fees in examination proceedings, II.B.3.3
Search fees where plurality of inventions, II.B.6
Single general inventive concept, ~, II.B.5
Unity in context of different types of claims, II.B.2
~, lack of, II.B.4
Technical problem, unity of invention, II.B.4.1
Universal succession, III.O.2.2
Unsearched subject-matter, II.B.6.3
Amendments relating to ~, IV.B.5
Use claims, I.C.8.1.3.b, II.E.2.6.1.a, II.E.2.6.5, II.E.2.6.6
Change of claim category, amendments, II.E.2.6.5
Product claim, II.E.2.6.1.a
Product-by-process claims and ~, II.A.7.4
Statement of purpose in non-medical ~, I.C.8.1.4
Use of known process for particular purpose, I.C.8.1.3.d
Utility models and availability to the public, I.C.3.2.1.g
V
Variants, II.C.6.3
Video-conference, III.C.7.3
Vienna Convention on the Law of Treaties, III.H.1
W
Waiver by applicant of right to present comments, IV.B.2.7.2
Ways of making information available to the public, I.C.3.2
Biological material and availability to the public, I.C.3.2.5
Internet and availability to the public, I.C.3.2.3
Lectures and oral disclosures and availability to the public, I.C.3.2.2
Public prior use, I.C.3.2.4
Publications and availability to the public, I.C.3.2.1
Withdrawal of
~ amendments in examination procedure, IV.B.3.7
Claims fees, non-payment, IV.B.3.7.2
~ appeal, III.R.2.4, V.A.6.3, V.A.9.8
Correction of ~, V.A.6.3.8
~ opposition, III.Q.3, III.R.2.4
~ patent application, IV.B.3.8
Correction of withdrawal of application, IV.B.3.8.2
Deemed ~, V.A.6.4
~ request, III.I.5
~ for oral proceedings, III.C.4.3
Witness testimony, III.G.4.2.1
~ as means of evidence, III.G.2.2
Expert opinions, III.G.2.2.3
Hearing of witnesses, III.G.2.2.1
Word-processing, I.A.2.5.3