EPC2000 IR

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Contents

Implementing Regulations to the European Patent Convention 2000

(As adopted by decision of the Administrative Council of December 07, 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 12 Presidium of the Boards of Appeal

Rule 13 Business distribution scheme for the Enlarged Board of Appeal and adoption of its Rules of Procedure

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

Chapter III - Registration of transfers, licences and other rights

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 the 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 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 71 Examination 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

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 appeal fees

Chapter II - Petitions for review by the Enlarged Board of 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 post

Rule 127 Notification by technical means of 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 co‑operation

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 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-fulfilment 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 Consideration of unity by the European Patent Office

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

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