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

 

 

Disclaimer

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