Chapter II – Provisions governing the application
Rule 35 55
General provisions governing the presentation of the application documents
A revised version of the European Patent Convention entered into force on 13 December 2007. The provisions of the revised Convention apply unless the transitional provisions provide for the applicability of the EPC 1973. |
(1) Translations mentioned in Article 14, paragraph 2, shall be considered to be included in the term "documents making up the European patent application".
(2) 56 The documents making up the European patent application shall be filed in three copies. The President of the European Patent Office may, however, determine that the documents shall be filed in fewer than three copies.
(3) The documents making up the European patent application shall be so presented as to admit of electronic as well as of direct reproduction, in particular by scanning, photography, electrostatic processes, photo offset and micro filming, in an unlimited number of copies. All sheets shall be free from cracks, creases and folds. Only one side of the sheet shall be used.
(4) The documents making up the European patent application shall be on A 4 paper (29.7 cm x 21 cm) which shall be pliable, strong, white, smooth, matt and durable. Subject to the provisions of Rule 32, paragraph 2(h), and paragraph 11 of this Rule, each sheet shall be used with its short sides at the top and bottom (upright position).
(5) Each of the documents making up the European patent application (request, description, claims, drawings and abstract) shall commence on a new sheet. The sheets shall be connected in such a way that they can easily be turned over, separated and joined together again.
(6) Subject to Rule 32, paragraph 1, the minimum margins shall be as follows:
top: 2 cm
left side: 2.5 cm
right side: 2 cm
bottom: 2 cm
The recommended maximum for the margins quoted above is as follows:
top: 4 cm
left side: 4 cm
right side: 3 cm
bottom: 3 cm
(7) The margins of the documents making up the European patent application, when submitted, must be completely blank.
(8) All the sheets contained in the European patent application shall be numbered in consecutive Arabic numerals. These shall be placed at the top of the sheet, in the middle, but not in the top margin.
(9) The lines of each sheet of the description and of the claims shall preferably be numbered in sets of five, the numbers appearing on the left side, to the right of the margin.
(10) The request for the grant of a European patent, the description, the claims and the abstract shall be typed or printed. Only graphic symbols and characters and chemical or mathematical formulae may, if necessary, be written by hand or drawn. The typing shall be 1 ½ spaced. All text matter shall be in characters, the capital letters of which are not less than 0.21 cm high, and shall be in a dark, indelible colour.
(11) The request for the grant of a European patent, the description, the claims and the abstract shall not contain drawings. The description, the claims and the abstract may contain chemical or mathematical formulae. The description and the abstract may contain tables. The claims may contain tables only if their subject-matter makes the use of tables desirable. Tables and chemical or mathematical formulae may be placed sideways on the sheet if they cannot be presented satisfactorily in an upright position thereon; sheets on which tables or chemical or mathematical formulae are presented sideways shall be so presented that the tops of the tables or formulae are at the left side of the sheet.
(12) Physical values shall be expressed in the units recognised in international practice, wherever appropriate in terms of the metric system using SI units. Any data not meeting this requirement must also be expressed in the units recognised in international practice. For mathematical formulae the symbols in general use shall be employed. For chemical formulae the symbols, atomic weights and molecular formulae in general use shall be employed. In general, use should be made of the technical terms, signs and symbols generally accepted in the field in question.
(13) The terminology and the signs shall be consistent throughout the European patent application.
(14) Each sheet shall be reasonably free from erasures and shall be free from alterations, overwritings and interlineations. Non-compliance with this rule may be authorised if the authenticity of the content is not in question and the requirements for good reproduction are not in jeopardy.
55Amended by decisions of the Administrative Council of 21.12.1978 which entered into force on 01.05.1979 (OJ EPO 1979, 5, 6), of 11.12.1980 which entered into force on 31.01.1981 (OJ EPO 1981, 3, 4), of 08.12.1988 which entered into force on 01.04.1989 (OJ EPO 1989, 1), of 13.12.1994 which entered into force on 01.06.1995 (OJ EPO 1995, 9 ff) and of 10.12.1998 which entered into force on 01.01.1999 (OJ EPO 1999, 1 ff).
56See decision of the President of the EPO dated 15.11.2001 concerning the number of copies to be filed of the documents making up the European patent application (OJ EPO 2001, 563).