Guidelines for Examination – Table of Contents
MAJOR AMENDMENTS
General Part |
Updated to include new point on Unitary Patent protection |
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PART A |
Updated in view of OJ EPO 2023, A48, decision on the electronic filing of documents |
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Clarified practice relating to transfer of priority right in view of G 1/22 and G 2/22 |
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Updated to include Georgia as validation state |
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New subsection related to refund of the appeal fee |
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PART C |
New subsection related to the request for unitary effect |
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PART D |
Updated section to reflect the legal change concerning Rules 126(2) and 131(2) (OJ EPO 2022, A101) |
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PART E |
Updated section to reflect the legal change concerning Rule 126(2) (OJ EPO 2023, A29) |
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Updated section in view of G 2/21 |
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New section concerning procedures after expiry of the term of European patent |
MINOR AMENDMENTS
General Part |
Clarified cut-off date for updates incorporated in Guidelines |
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Updated with Unitary Patent |
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Clarification that Guidelines do not refer to Unitary Patent proceedings |
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Added new point specifying date of filing request for Unitary Patent after date of publication |
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PART A |
Restructured to reflect the Office's digital transformation and the users' preferred practice to file online |
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Updated section concerning update of the ADA (OJ EPO 2023, A58) |
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Updated to include reference to A‑IV, 5 |
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Clarification added about the person of the inventor and means of filing the designation of inventor |
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Clarified practice relating to the inventor in view of J 8/20 |
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Updated to remove outdated references |
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Updated section concerning the copy of the priority document |
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Clarified practice relating to calculating the additional fee for Euro-PCT applications and the additional fee for ST.25 sequence listings in divisional applications |
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Clarified practice relating to electronic means of filing (OJ EPO 2023, A48). |
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Clarified practice relating to possible deficiencies in the request for grant |
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Clarified practice in view of WIPO Standard ST.26 |
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Updated practice relating to ST.25 sequence listings in divisional applications |
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Clarified practice in view of J 1/10 |
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Clarified practice relating to publication of erroneous application documents |
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Updated section concerning the refund of the examination fee |
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Clarified language requirement for according a filing date |
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Clarified practice relating to signing of authorisation in cases of joint applicants appointing a common representative |
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Clarified practice relating to authorisations for UP proceedings |
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Update concerning electronic filing of subsequent documents in view of OJ EPO 2023, A48 |
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Updated section in view of the withdrawal of paper EPO Form 1037 |
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Clarified practice relating to the form of signature in the case of electronic filing |
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Clarified practice relating to batch debit orders |
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Clarified due date for paying third renewal fee in Euro-PCT applications |
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Clarification of fee reductions available under the language regime for Euro-PCT applications entering the European phase |
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Deletion of outdated information |
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Update concerning invalid refund requests in view of updated ADA |
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PART B |
Clarified search practice in cases of missing parts or erroneously filed application documents |
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Clarified practice relating to conflicting PCT applications |
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Clarified importance of national prior rights |
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Clarified practice concerning the availability of machine translation of a cited published patent application for the applicant |
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PART C |
Updated section concerning the work of examiners |
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Clarified practice relating to refund of additional search fees |
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Clarified practice relating to the search for conflicting Euro-PCT applications |
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Updated section in view of the end of the transitional measures before the start of the Unitary Patent |
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Updated practice relating to the resumption of examination proceedings |
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Clarified practice relating to communications issued under Rule 137(4) |
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Clarified practice relating to decisions according to the state of the file |
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Added reference to MyEPO Portfolio and shared area |
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Clarification concerning minutes of a consultation |
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Restructured by moving former section E‑III, 5.1 concerning substantive examination |
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PART D |
Clarified role of technically qualified members in opposition |
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Clarified term "text string signature" based on OJ EPO 2023, A48 |
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Digitisation: fax numbers no longer required |
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Clarified responsibilities of the formalities officer and the opposition division |
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Clarified practice relating to ex officio examination in opposition |
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Restructured by moving former content from section E‑III, 8.7.3 |
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Clarified practice relating to supporting documents |
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Clarified practice relating to admissibility of an opposition |
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Clarified practice relating to the extent to which a patent is opposed |
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Clarified practice relating to compliance with Rule 43(2) in opposition |
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Clarified practice in alignment with F‑IV, 3.4 |
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Updated practice relating to acceleration of opposition proceedings in cases of pending actions before the UPC |
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PART E |
Clarified practice concerning oral proceedings on the premises of the EPO |
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Restructured by moving content to C‑VIII, 5.1 |
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Clarified practice relating to remote access to members of the public to opposition oral proceedings |
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Added reference about electronic copies for amendment purpose in opposition oral proceedings |
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Restructured by moving one paragraph to D‑IV, 5.3 |
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Clarified practice relating to new summonses in cases of continuation of oral proceedings |
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Clarified practice relating to sound recording |
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Clarified practice relating to entering statements in the minutes |
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Clarification concerning the effect of change of priority date on the time limit for entering the European phase |
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Added examples concerning fee for re-establishment |
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Added reference concerning accelerated processing of opposition in cases of pending actions before the UPC or a national court of a contracting state |
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Clarified practice concerning the top-up search for national prior rights in cases of remittal |
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Simplified procedure concerning signature checks on assignment documents |
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PART F |
Clarified practice relating to disclosure requirements for AI and mathematical methods applications |
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Clarified practice relating to sufficiency of disclosure in cases of erroneously filed documents |
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Clarified practice relating to the assessment of novelty and inventive step of independent claims in different categories |
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Restructured section and added sub-headings |
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PART G |
Clarified practice relating to the sufficiency of disclosure requirements for AI and machine learning |
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G‑II, 6 |
Restructured so that the section does not fall under the classification "exclusions and exceptions" restructured by merging former sections G‑II, 5.6.1.6 and G‑II, 5.6.1.3; clarified practice relating to the assessment of antibodies defined by target antigen and further functional features |
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Clarified practice relating to inventive step of antibodies |
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Clarified practice in view of G 4/19 |
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Restructured by incorporation of passage from former G‑VI, 8 |
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G‑VI, 4 |
Deletion of redundant information |
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Clarified practice relating to the novelty assessment of selection inventions |
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Updated practice in view of G 2/21 |
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PART H |
Clarified practice relating to documents "as originally filed" in cases of erroneously filed applications |
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H‑IV, 2.4 |
Restructured by moving second paragraph to new subsection H‑V, 3.5 and covering third and fourth paragraphs by H‑V, 3.2 and H‑V, 6 respectively |
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Clarified practice relating to the reason why subject-matter is not searched in view of Rule 137(5) |
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Updated by incorporating former section H‑IV, 2.4 |
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Clarification concerning the time limitations applying to requests under Rule 139 in view of G 1/12 |
EDITORIAL CHANGES
General Part |
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PART A |
A‑III, 2.1; A‑III, 4.1; A‑III, 4.2.1; A‑III, 6.8.2; A‑III, 11.2.2; A‑III, 11.3.8; A‑III, 16.2 A‑IV, 1.8; A‑IV, 2.5; A‑IV, 4.1.1 A‑VIII, 1.1; A‑VIII, 1.2; A‑VIII, 1.3; A‑VIII, 1.6; A‑VIII, 3.2 A‑X, 4.2.1; A‑X, 4.2.2; A‑X, 4.2.4; A‑X, 4.3; A‑X, 4.4; A‑X, 5.2.2; A‑X, 5.2.4; A‑X, 9.1; A‑X, 9.3.1; A‑X, 10.1.3; A‑X, 10.2.1; A‑X, 10.3.2 |
PART B |
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PART C |
C‑V, 1.1; C‑V, 4.9; C‑V, 10; C‑V, 13 C‑VII, 2.2; C‑VII, 2.4; C‑VII, 3 C‑VIII, 1; C‑VIII, 2; C‑VIII, 3; C‑VIII, 4; C‑VIII, 5; C‑VIII, 7 |
PART D |
D‑II, 2.2; D‑II, 2.3; D‑II, 5, D‑II, 6; D‑II, 7 |
PART E |
E‑III, 1.1; E‑III, 8.3.3.3; E‑III, 8.5.1.1; E‑III, 8.5.1.2; E‑III, 8.5.2 |
PART F |
F‑IV, 3.3; F‑IV, 3.9.1; F‑IV, 3.9.3; F‑IV, 4.7.1; F‑IV, 4.11.1; F‑IV, 4.13.1; F‑IV, 4.15 |
PART G |
G‑VI, 5; G‑VI, 6; G‑VI, 6.1, G‑VI, 6.1.1; G‑VI, 6.1.2; G‑VI, 6.1.3; G‑VI, 6.1.4; G‑VI, 6.1.5; G‑VI, 6.2; G‑VI, 7.1; G‑VI, 8G‑VII, 12; G‑VII, 13 |
PART H |