Implementing Regulations to the European Patent Convention 2000

Implementing Regulations to the European Patent Convention 2000 as adopted by decision of the Administrative Council of 7 December 2006


Part I. Implementing Regulations to part I of the convention


Chapter I. General provisions


Rule 1 - Written proceedings 


Rule 2 - Filing of and formal requirements for documents


Rule 3 - Language in written proceedings


Rule 4 - Language in oral proceedings


Rule 5 - Certification of translations


Rule 6 - Filing of translations and reduction of fees


Rule 7 - Legal authenticity of the translation of the European patent application



Chapter II. Organisation of the European patent office


Section 1. General matters


Rule 8 - Patent classification


Rule 9 - Administrative structure of the European Patent Office


Rule 10 - Responsibility of the Receiving Section and the Examining Division


Rule 11 - Allocation of duties to the departments of first instance



Section 2. Organisation of the boards of appeal and the enlarged board of appeal


Rule 12a - Organisation and management of the Boards of Appeal Unit and President of the Boards of Appeal


Rule 12b - Presidium of the Boards of Appeal and business distribution scheme for the Boards of Appeal


Rule 12c - Boards of Appeal Committee and procedure for adoption of the Rules of Procedure of the Boards of Appeal and of the Enlarged Board of Appeal


Rule 12d - Appointment and re-appointment of the members, including the Chairmen, of the Boards of Appeal and of the Enlarged Board of Appeal


Rule 13 - Business distribution scheme for the Enlarged Board of Appeal



Part II. Implementing regulations to part II of the convention


Chapter I. Procedure where the applicant is not entitled


Rule 14 - Stay of proceedings


Rule 15 - Limitation on withdrawals


Rule 16 - Procedure under Article 61, paragraph 1


Rule 17 - Filing of a new European patent application by the entitled person


Rule 18 - Partial transfer of the right to the European patent


Chapter II. Mention of the inventor


Rule 19 - Designation of the inventor


Rule 20 - Publication of the mention of the inventor


Rule 21 - Rectification of the designation of an inventor


Rule 22 - Registration of transfers


Rule 23 - Registration of licences and other rights


Rule 24 - Special entries for licence registrations



Chapter IV. Certificate of exhibition


Rule 25 - Certificate of exhibition



Chapter V. Biotechnological inventions


Rule 26 - General and definitions


Rule 27 - Patentable biotechnological inventions


Rule 28 - Exceptions to patentability


Rule 29 - The human body and its elements  


Rule 30 - Requirements of European patent applications relating to nucleotide and amino acid sequences


Rule 31 - Deposit of biological material


Rule 32 - Expert solution


Rule 33 - Availability of biological material


Rule 34 - New deposit of biological material



Part III. Implementing regulations to part III of the convention


Chapter I. Filing of the European patent application


Rule 35 - General provisions


Rule 36 - European divisional applications


Rule 37 - Forwarding of European patent applications


Rule 38 - Filing fee and search fee


Rule 39 - Designation fees


Rule 40 - Date of filing



Chapter II. Provisions governing the application


Rule 41 - Request for grant


Rule 42 - Content of the description


Rule 43 - Form and content of claims


Rule 44 - Unity of invention


Rule 45 - Claims incurring fees


Rule 46 - Form of the drawings


Rule 47 - Form and content of the abstract


Rule 48 - Prohibited matter


Rule 49 - General provisions governing the presentation of the application documents


Rule 50 - Documents filed subsequently



Chapter III. Renewal fees


Rule 51 - Payment of renewal fees



Chapter IV. Priority


Rule 52- Declaration of priority


Rule 53 - Priority documents


Rule 54 - Issuing priority documents



Part IV. Implementing regulations to part IV of the convention


Chapter I. Examination by receiving section


Rule 55 - Examination on filing


Rule 56 - Missing parts of the description or missing drawings


Rule 57 - Examination as to formal requirements


Rule 58 - Correction of deficiencies in the application documents


Rule 59 - Deficiencies in claiming priority


Rule 60 - Subsequent designation of the inventor



Chapter II. European search report


Rule 61 - Content of the European search report


Rule 62 - Extended European search report


Rule 62a - Applications containing a plurality of independent claims


Rule 63 - Incomplete search


Rule 64 - European search report where the invention lacks unity


Rule 65 - Transmittal of the European search report


Rule 66 - Definitive content of the abstract



Chapter III. Publication of the European patent application


Rule 67 - Technical preparations for publication


Rule 68 - Form of the publication of European patent applications and European search reports


Rule 69 - Information about publication


Rule 70 - Request for examination



Chapter IV. Examination by the examining division


Rule 70a - Response to the extended European search report


Rule 70b - Request for a copy of search results


Rule 71 - Examination procedure


Rule 71a - Conclusion of the grant procedure


Rule 72 - Grant of the European patent to different applicants



Chapter V. The European patent specification


Rule 73 - Content and form of the specification


Rule 74 - Certificate for a European patent



Part V. Implementing regulations to part V of the convention


Chapter I. Opposition procedure


Rule 75 - Surrender or lapse of the patent


Rule 76 - Form and content of the opposition


Rule 77 - Rejection of the opposition as inadmissible


Rule 78 - Procedure where the proprietor of the patent is not entitled


Rule 79 - Preparation of the examination of the opposition


Rule 80 - Amendment of the European patent


Rule 81 - Examination of opposition


Rule 82 - Maintenance of the European patent in amended form


Rule 83 - Request for documents


Rule 84 - Continuation of the opposition proceedings by the European Patent Office of its own motion


Rule 85 - Transfer of the European patent


Rule 86 - Documents in opposition proceedings


Rule 87 - Content and form of the new specification of the European patent


Rule 88 - Costs


Rule 89 - Intervention of the assumed infringer



Chapter II. Procedure for limitation or revocation


Rule 90 - Subject of proceedings


Rule 91 - Responsibility for proceedings


Rule 92 - Requirements of the request


Rule 93 - Precedence of opposition proceedings


Rule 94 - Rejection of the request as inadmissible


Rule 95 - Decision on the request


Rule 96 - Content and form of the amended European patent specification 



Part VI. Implementing regulations to part VI of the convention


Chapter I. Appeals procedure


Rule 97 - Appeal against apportionment and fixing of costs


Rule 98 - Surrender or lapse of the patent


Rule 99 - Content of the notice of appeal and the statement of grounds


Rule 100 - Examination of appeals


Rule 101 - Rejection of the appeal as inadmissible


Rule 102 - Form of decision of the Board of Appeal


Rule 103 - Reimbursement of the appeal fee



Chapter II. petitions for review by the enlarged board appeal


Rule 104 - Further fundamental procedural defects


Rule 105 - Criminal acts


Rule 106 - Obligation to raise objections


Rule 107 - Contents of the petition for review


Rule 108 - Examination of the petition


Rule 109 - Procedure in dealing with petitions for review


Rule 110 - Reimbursement of the fee for petitions for review



Part VII. Implementing regulations to part VII of the convention


Chapter I. Decisions and communications of the European patent office


Rule 111 - Form of decisions


Rule 112 - Noting of loss of rights


Rule 113 - Signature, name, seal



Chapter II. Observations by third parties


Rule 114 - Observations by third parties



Chapter III. Oral proceedings and taking of evidence


Rule 115 - Summons to oral proceedings


Rule 116 - Preparation of oral proceedings


Rule 117 - Decision on taking of evidence


Rule 118 - Summons to give evidence before the European Patent Office


Rule 119 - Examination of evidence before the European Patent Office


Rule 120 - Hearing by a competent national court


Rule 121 - Commissioning of experts


Rule 122 - Costs of taking of evidence


Rule 123 - Conservation of evidence


Rule 124 - Minutes of oral proceedings and of taking of evidence



Chapter IV. Notifications


Rule 125 - General provisions


Rule 126 - Notification by postal services


Rule 127 - Notification by means of electronic communication


Rule 128 - Notification by delivery by hand


Rule 129 - Public notification


Rule 130 - Notification to representatives



Chapter V. Time limits


Rule 131 - Calculation of periods


Rule 132 - Periods specified by the European Patent Office


Rule 133 - Late receipt of documents


Rule 134 - Extension of periods


Rule 135 - Further processing


Rule 136 - Re-establishment of rights



Chapter VI. Amendments and corrections


Rule 137 - Amendment of the European patent application


Rule 138 - Different claims, description and drawings for different States


Rule 139 - Correction of errors in documents filed with the European Patent Office


Rule 140 - Correction of errors in decisions



Chapter VII. Information on prior art


Rule 141 - Information on prior art



Chapter VIII. Interruption of proceedings


Rule 142 - Interruption of proceedings



Chapter IX. Information to the public


Rule 143 - Entries in the European Patent Register


Rule 144 - Parts of the file excluded from inspection 


Rule 145 - Procedures for the inspection of files


Rule 146 - Communication of information contained in the files


Rule 147 - Constitution, maintenance and preservation of files



Chapter X. Legal and administrative cooperation


Rule 148 - Communications between the European Patent Office and the authorities of the Contracting States


Rule 149 - Inspection of files by or via courts or authorities of the Contracting States


Rule 150 - Procedure for letters rogatory



Chapter XI. representation


Rule 151 - Appointment of a common representative


Rule 152 - Authorisations


Rule 153 - Attorney-client evidentiary privilege


Rule 154 - Amendment of the list of professional representatives



Part VIII. Implementing regulations to part VIII of the convention


Rule 155 - Filing and transmission of the request for conversion


Rule 156 - Information to the public in the event of conversion



Part IX. Implementing regulations to part X of the convention


Rule 157 - The European Patent Office as a receiving Office


Rule 158 - The European Patent Office as an International Searching Authority or International Preliminary Examining Authority


Rule 159 - The European Patent Office as a designated or elected Office – Requirements for entry into the European phase


Rule 160 - Consequences of non-fulfillment of certain requirements


Rule 161 - Amendment of the application


Rule 162 - Claims incurring fees


Rule 163 - Examination of certain formal requirements by the European Patent Office


Rule 164 - Unity of invention and further searches


Rule 165 - The Euro-PCT application as conflicting application under Article 54, paragraph 3




Text in force at 06-01-2019. The text can be verified at, IP-PorTal.