Guidelines for Examination – Table of Contents
List of sections amended in 2025 revision
MAJOR AMENDMENTS
General Part |
New paragraph on the responsibility of parties to meet the EPC requirements even if submissions are prepared by AI |
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PART A |
Clarification of practice under Rule 56a EPC |
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Updated to reflect the fee reduction scheme under Rule 7a EPC |
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The Lao People’s Democratic Republic added as validation state |
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New subsection on claiming refunds in Central Fee Payment |
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PART B |
Clarification of practice regarding search of several independent claims per category in view of Rule 43(2) EPC |
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Change of practice regarding access to patent literature documents (OJ EPO 2024, A68) |
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PART C |
Change of practice regarding access to patent literature documents (OJ EPO 2024, A68) |
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Added references to the shared area in MyEPO Portfolio |
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New section on real-time interaction on a document in the shared area in MyEPO Portfolio |
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PART D |
Change of practice regarding the requirement to file authorisations |
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Update on accelerated opposition proceedings |
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PART E |
New Zealand and Chile added as PPH partner offices |
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Update on practice regarding accelerated opposition in cases of parallel court proceedings |
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Section brought into line with G 4/08 |
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New section on early processing combined with further acceleration measures |
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PART G |
Clarification of definition of artificial intelligence and machine learning |
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PART H |
Clarification of practice regarding allowability, in line with G 1/12 |
MINOR AMENDMENTS
General Part |
Added information about the Unitary Patent Guidelines which enter into force in April 2025 |
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Added reference to the Unitary Patent Guidelines |
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PART A |
Updated to specify that certain submissions can be permissibly filed via MyEPO Portfolio |
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Updated to reflect abolition of fax and web-form filing |
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Updated information on sub-offices and availability of the automatic mailboxes |
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Added reference to OJ EPO 2024, A81 |
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Updated to reflect the decommissioning of web-form filing |
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Clarification of practice regarding EPO Form 1001 |
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Clarification of practice regarding missing parts of the claims |
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Clarification concerning filing of claims after the date of filing |
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Added reference to OJ notice on new authorisation rules |
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Updated in view of Art. 5s(1) of Council Regulation (EU) 2024/1745 (sanctions against Russia) |
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New subsection on changing the order of inventors |
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Clarification concerning the priority period under Art. 87(1) EPC |
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Restructured by adding subsections |
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Deletion of redundant information from point (iv) |
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Update on the reduction of designation fee |
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Deletion of redundant information about fee reduction |
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Updated by adding information on fee reductions under the language arrangements and the scheme for micro-entities |
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Added paragraph on Art. 5s(1) of Council Regulation (EU) 2024/1745 and new Rule 39(2a) and Rule 36(5) EPC |
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Restructured to reflect Rule 7a(1) and Rule 7a(3) EPC |
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Clarification concerning sequence identification numbers |
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Reworded for ease of reading |
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Updated OJ reference |
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Update on use of MyEPO Portfolio by professional representatives |
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Restructured by moving content from former section A‑VIII, 1.5 |
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Clarification concerning the appointment of a common representative |
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Update on signature requirements for legal practitioners |
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Restructured by adding new subsection |
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Updated to reflect abolition of smart cards |
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Added information about MyEPO Portfolio |
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Added reference to automatic validation of certain categories of fees |
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Added reference to OJ notice on the revision of the ADA |
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Clarification of practice regarding exceptional use of the EPO Contingency Upload Service to file debit orders |
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Clarification concerning rejection of payments |
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Clarification concerning renewal fees or additional fees under Rule 51(2) EPC |
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Added reference to Euro-PCT applications |
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Updated to include information on MyEPO Portfolio |
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Clarification concerning bank transfers |
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Restructured and revised in view of fee-related support measures for SMEs and micro-entities (Rule 7a(1) and Rule 7a(3) EPC), OJ EPO 2024, A3 and OJ EPO 2024, A8 |
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Added references to repayment of renewal fees |
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Redundant information removed and OJ reference updated |
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Added information on which body refunds the appeal fee in the case of a withdrawal |
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Clarification concerning claiming of refunds |
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Updated to reflect file inspection via MyEPO Portfolio |
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Update on communication of information by EPO |
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PART B |
Outdated reference to the Euro-PCT Guide removed |
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Clarification of practice regarding relevant parts cited in the search report and search opinion |
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Updated by adding reference to MyEPO Portfolio and related change of practice (OJ EPO 2024, A68) |
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PART C |
Update on the work of examiners |
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Clarification of practice regarding Euro-PCT applications |
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Outdated reference removed |
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Update on searches under Rule 164(2) EPC |
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Update on non-payment of additional search fees |
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Refund of additional search fees under Rule 64(2) and Rule 164(5) EPC |
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Restructured by moving content from section C‑VIII, 5.1 |
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Clarification of definition of omnibus claims |
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Added examples concerning title and its translations |
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Clarification of practice regarding decisions by means of a standard form |
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Added reference to the new section C‑VII, 2.6 |
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Restructured by moving two paragraphs to C‑III, 4 |
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PART D |
Correction of name |
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Clarification concerning impartiality of the opposition division |
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Clarification of practice regarding abolition of fax |
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Updated in view of prohibition of double patenting under Art. 125 EPC |
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Clarification concerning invitation to file observations |
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Consolidated with the content deleted from H‑IV, 5.3, and added reference to Rule 43(2) EPC |
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Clarification concerning consequence of decisions rejecting an opposition as inadmissible |
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Clarification concerning burden of proof |
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Clarification of practice regarding inspections |
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Updated by adding references to Parts E, D and H |
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Reference to publishing fee deleted in view of amended Rule 82(2) and (3), see OJ EPO 2024, A3 |
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Adapted reference to Part A‑VIII, 1.5 |
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Restructured by adding subsections |
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PART E |
Update on legal practitioners |
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Added reference to OJ EPO 2020, A124 |
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Updated by removing outdated passage |
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Updated to remain in line with the wording of Rule 142(4) EPC |
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Added reference to EPO website |
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Added reference to Art. 11(3) PCT |
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Updated as regards EPO as a designated Office for any EPC contracting state and in view of Art. 5s(1) of Council Regulation (EU) 2024/1745 (sanctions against Russia) |
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Update on applicant decisions to proceed with international applications before designated/elected Offices |
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Added reference to relevant EPC Rule |
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Updated to remain in line with E‑IX, 4.3.1 |
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Updated on the basis of Rule 47.3(a) PCT |
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Subdivided into new subsections |
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Updated title of section |
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Updated in view of Art. 5s(1) of Council Regulation (EU) 2024/1745 (sanctions against Russia) |
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Clarification concerning physical requirements |
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Added reference to Rule 19 EPC |
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Added reference to Art. 40(2) PCT |
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Updated in view of Rule 141(1) EPC |
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Added reference to Rule 49ter.2(b) PCT and Rule 136(2) EPC |
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Clarification of practice regarding calculation of the claims fees (Rule 159(1)(b) EPC) |
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E‑IX, 2.3.11 |
Moved to new subsections E‑IX, 2.1.5.2 and E‑IX, 2.1.5.5 |
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Updated by adding information on WIPO Standard ST.25 |
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Added reference to OJ EPO 2010, 498 |
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Updated list of bibliographical data that are published with the translation of the international application |
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Outdated passage deleted |
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Wording amended to refer to elected Office |
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Clarification of practice relating to necessary requirements in view of Rule 159(1) EPC |
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Update on the communication under Rule 161 EPC |
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Clarification of practice regarding extended supplementary European search report |
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Clarification of practice regarding payment of claims fees in view of Rule 162(2) EPC |
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Outdated information deleted |
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Clarification of practice regarding communication under Rule 137(4) EPC |
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Added reference to information on appeal proceedings on EPO website |
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Wording made clearer |
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Update concerning requests for transfers filed via MyEPO Portfolio |
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Clarification of practice regarding expiry of the opposition period |
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Clarification of practice regarding registration of licences and other rights |
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PART F |
Added reference to WIPO Standard ST.26 |
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Updated example |
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Added footnote referring to Art. 3 of WIPO International Legal Instrument |
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Reference to T 642/94 removed |
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Clarification concerning plurality of inventions vs single general inventive concept |
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PART G |
Clarification concerning technical contribution of mathematical methods in view of G 1/19 |
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Clarification concerning terminology "same subject-matter" in view of G 1/05 and G 4/19 |
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Update on practice regarding technical teachings in view of G 2/21 |
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Added new paragraph referring to T 2108/21 |
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PART H |
Clarification concerning amendments related to the ground for opposition |
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Restructured by moving one paragraph from H‑II, 3.1 |
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Removal of redundant reference to T decision |
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Clarification concerning the basis for amendment |
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Clarification of practice regarding communication under Rule 137(4) EPC |
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Restructured by deleting redundant information |
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Wording adapted to Rule 137(5) EPC |
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H‑IV, 5 |
Deletion of redundant section and subsection on compliance of amendments with other EPC requirements |
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H‑IV, 5.2 |
Deleted, as content already covered in Part C and D respectively |
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H‑IV, 5.4 |
Deleted and content moved to D‑X, 4.3 and subsections |
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Clarification concerning responsibility for the title in all three official languages |