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A. Preliminary and formalities examination

Overview

A. Preliminary and formalities examination

1.Introduction
2.Responsibility for formalities examination
3.Where and how applications may be filed
4.Persons entitled to file application

5.Accordance of a date of filing

6.Examination of formal requirements

7.Designation of states

8.Priority

9.Fiction of withdrawal of the application (Rule 100(3) EPC)
10.Publication of the application
J 1/23

Catchword:

The provision of Article 81, 2nd sentence, EPC does not apply to cases where a final sovereign decision of a national court has determined that a person other than the applicant is entitled to the grant of the European patent under Article 61(1) EPC (see reasons point 2.5.2).

J 9/20

Catchword: 

A machine is not an inventor within the meaning of the EPC.

J 8/20

Catchword:

A machine is not an inventor within the meaning of the EPC

2023 compilation “Abstracts of decisions”

Annual report: case law 2022
Summaries of decisions in the language of the proceedings
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