sou · GRB366d2 · 2004-01-01 00:00:00 — (c)within one month after Patent Office has communicated to the applicant that the right to inspect the files under Article 128, paragraph 2, exists. The ruling period shall be the one which is the first to expire. The communication of this information shall be considered as constituting the unreserved and irrevocable consent of the applicant to the deposited biological material being made available to the public in accordance with Rule 23i. (1) Until completion of the technical preparations for publication of patent application, the applicant may inform Patent Office that, (a)until the publication of the mention of the grant of patent or, where applicable, (b)for twenty years from the date of filing, if the application is refused or withdrawn or deemed to be withdrawn, the availability referred to in Rule 23i shall be effected only by the issue of a sample to an expert nominated by the requester. (2) The following may be nominated as an expert: (a) any natural person, provided that the requester furnishes evidence, when filing the request, that the nomination has the approval of the applicant; (b) any natural person recognised as an expert by the President of Patent Office. The nomination shall be accompanied by a declaration from the expert vis-à-vis the applicant in which he enters into the undertaking given under Rule 23i until either the date on which the patent expires in all the designated States or, where the application is refused, withdrawn or deemed to be withdrawn, until the date referred to in paragraph 1(b), the requester being regarded as a third party. Availability of biological material (1)Biological material deposited in accordance with Rule shall be available upon request to any person from the date of publication of patent application and to any person having the right to inspect the files under Article 128, paragraph 2, prior to that date. Subject to Rule , such availability shall be effected by the issue of a sample of the biological material to the person making the request (hereinafter referred to as "the requester"). (2)issue shall be made only if the requester has undertaken vis-à-vis the applicant for or proprietor of the patent not to make the biological material or any biological material derived there from available to any third party and to use that material for experimental purposes only, until such time as the patent application is refused or withdrawn or deemed to be withdrawn, or before patent has expired in all the designated States, unless the applicant for or proprietor of the patent expressly waives such an undertaking. The undertaking to use the biological material for experimental purposes only shall not apply in so far as the requester is using that material under a compulsory licence. The term "compulsory licence" shall be construed as including ex officio licences and the right to use patented inventions in the public interest. (3)For the purposes of paragraph 2, derived biological material shall mean any material which still exhibits those characteristics of the deposited material which are essential to carrying out the invention. The undertaking under paragraph 2 shall not impede any deposit of derived biological material necessary for the purpose of patent procedure. (4)The request referred to in paragraph 1 shall be submitted to Patent Office on a form recognised by that Office. Patent Office shall certify on the form that a European patent application referring to the deposit of the biological material has been filed, and that the requester or the expert nominated by him under Rule is entitled to the issue of a sample of that material. After grant of patent, the request shall also be submitted to Patent Office. (5)Patent Office shall transmit a copy of the request, with the certification provided for in paragraph 4, to the depositary institution and to the applicant for or the proprietor of the patent. (6)Patent Office shall publish in its the list of depositary institutions and experts recognised for the purpose of Rules to 23i. New deposit of biological material If biological material deposited in accordance with Rule ceases to be available from the recognised depositary institution, an interruption in availability shall be deemed not to have occurred if a new deposit of that material is made in accordance with the on the International Recognition of the Deposit of Micro-organisms for the Purposes of Patent Procedure of , and if a copy of the receipt of the new deposit issued by the depositary institution is forwarded to Patent Office within four months of the date of the new deposit, stating the number of patent application or of patent. IMPLEMENTING REGULATIONS TO PART III OF THE Filing of patent application (1) European patent applications may be filed in writing with Patent Office in , The Hague or , or the authorities referred to in Article 75, paragraph 1(b), either directly or by post. (2)The President of Patent Office may determine the means of communication and conditions under which European patent applications may be filed other than directly or by post. (3)The authority with which patent application is filed shall mark the documents making up the application with the date of their receipt and issue without delay a receipt to the applicant including at least the application number and the nature, number and date of receipt of the documents. (4)If patent application is filed with an authority referred to in Article 75, paragraph 1(b), such authority shall without delay inform Patent Office of the receipt of the application, and, in particular, of the nature and date of receipt of the documents, the application number and any priority date claimed. (5)Upon receipt of a European patent application forwarded by the central industrial property office of a , Patent Office shall inform the applicant accordingly, indicating the date of its receipt. (1)The applicant may file a divisional application relating to any pending earlier European patent application. (2)A divisional application shall be in the language of the proceedings for the earlier application and shall be filed with Patent Office in , The Hague or . (3)The filing fee and search fee shall be paid within one month of filing the divisional application. If the filing fee or search fee is not paid in due time, the application shall be deemed to be withdrawn. (4)The designation fees shall be paid within six months of the date on which Patent Bulletin mentions the publication of search report drawn up in respect of the divisional application. Rule 25c, paragraphs 2 and 3, shall apply. Forwarding of European patent applications (1) The central industrial property office of a forward patent applications to Patent Office in the shortest time compatible with its national law relating to the secrecy of inventions in the interests of the State, and shall take all appropriate steps to ensure such forwarding within: (a)six weeks of filing, where the subject of the application is evidently not liable to secrecy under the national law; or (b)four months of filing or, if priority has been claimed, fourteen months of the date of priority, where the application requires further examination as to its liability to secrecy. (2) A European patent application not received by Patent Office within fourteen months of filing or, if priority has been claimed, of the date of priority, shall be deemed to be withdrawn. The filing, search, designation and claims fees shall be refunded. Filing fee and search fee The filing fee and search fee shall be paid within one month of filing patent application. (1)Designation fees shall be paid within six months of the date on which Patent Bulletin mentions the publication of search report. (2)Where the designation fee is not paid in due time in respect of any , the designation of that State shall be deemed to be withdrawn. (3)Where no designation fee is paid in due time or the designations of all the Contracting States are withdrawn, patent application shall be deemed to be withdrawn. (1) The date of filing of a European patent application shall be the date on which the documents filed by the applicant contain: (a)an indication that a European patent is sought; (b)information identifying the applicant or allowing the applicant to be contacted; and (c)a description or reference to a previously filed application. (2)A reference to a previously filed application under paragraph 1(c) shall state the filing date and number of that application and the Office with which it was filed. Such reference shall indicate that it replaces the description and any drawings. (3)Where the application contains a reference under paragraph 2, a copy of the previously filed application shall be filed within two months of filing the application. Where the previously filed application is not in an official language of Patent Office, a translation thereof in one of these languages shall be filed within the same period. Rule 38a, paragraph 2, shall apply mutatis mutandis. Provisions governing the application (1)The request for grant of a European patent shall be filed on a form drawn up by Patent Office. (2)The request shall contain: (a)a petition for the grant of a European patent; (b)the title of the invention, which shall clearly and concisely state the technical designation of the invention and shall exclude all fancy names; (c)the name, address and nationality of the applicant and the State in which his or principal place of business is located. Names of natural persons shall be indicated by the person's family name, followed by his given name(s). Names of legal persons, as well as of bodies equivalent to legal persons under the law governing them, shall be indicated by their official designations. Addresses shall be indicated in accordance with applicable customary requirements for prompt postal delivery and shall comprise all the relevant administrative units, including the house number, if any. It is recommended that the fax and telephone numbers be indicated; (d)if the applicant has appointed a representative, his name and the address of his place of business as prescribed in sub-paragraph (c); (e)where appropriate, an indication that the application constitutes a divisional application and the number of the earlier European patent application; (f)in cases covered by Article 61, paragraph 1(b), the number of the original European patent application; (g)where applicable, a declaration claiming the priority of an earlier application and indicating the date on which and the country in or for which the earlier application was filed; (h)the signature of the applicant or his representative; (i)a list of the documents accompanying the request. This list shall also indicate the number of sheets of the description, claims, drawings and abstract filed with the request; (j)the designation of the inventor where the applicant is the inventor. (3) If there is more than one applicant, the request shall preferably contain the appointment of one applicant or representative as common representative. Content of the description (1) The description shall: (a)specify the technical field to which the invention relates; (b)indicate the background art which, as far as is known to the applicant, can be regarded as useful to understand the invention, draw up search report and examine patent application, and, preferably, cite the documents reflecting such art; (c)disclose the invention, as claimed, in such terms that the technical problem, even if not expressly stated as such, and its solution can be understood, and state any advantageous effects of the invention with reference to the background art; (d)briefly describe the figures in the drawings, if any; (e)describe in detail at least one way of carrying out the invention claimed using examples where appropriate and referring to the drawings, if any; (f)indicate explicitly, when it is not obvious from the description or nature of the invention, the way in which the invention is industrially applicable. (2) The description shall be presented in the and order specified in paragraph 1, unless, owing to the nature of the invention, a different presentation would afford a better understanding and be more concise. Requirements of European patent applications relating to nucleotide and amino acid sequences Deleted – substance moved to new Rule 23f Deposit of biological material Deleted – substance moved to new Rules to i New deposit of biological material Deleted – substance moved to new Rule 23j Form and content of claims (1) The claims shall define the matter for which protection is sought in terms of the technical features of the invention. Wherever appropriate, claims shall contain: (a)a statement indicating the designation of the subject-matter of the invention and those technical features which are necessary for the definition of the claimed subject-matter but which, in combination, form part of the prior art; (b)a characterising portion, beginning with the expression "characterised in that" or "characterised by" and specifying the technical features for which, in combination with the features stated under sub- paragraph (a), protection is sought. (2) Without prejudice to Article 82, a European patent application may contain more than one independent claim in the same category (product, process, apparatus or use) only if the subject-matter of the application involves one of the following: (a) a plurality of interrelated products, (b) different uses of a product or apparatus, (c) alternative solutions to a particular problem, where it is inappropriate to cover these alternatives by a single claim. (3) claim stating the essential features of an invention may be followed by one or more claims concerning particular embodiments of that invention. (4)claim which includes all the features of any other claim (dependent claim) shall contain, if possible at the beginning, a reference to the other claim and then state the additional features. A dependent claim directly referring to another dependent claim shall also be admissible. All dependent claims referring back to a single previous claim, and all dependent claims referring back to several previous claims, shall be grouped together to the extent and in the most appropriate way possible. (5)The number of claims shall be reasonable with regard to the nature of the invention claimed. If there are several claims, they shall be numbered consecutively in Arabic numerals. (6)Except where absolutely necessary, claims shall not rely on references to the description or drawings in specifying the technical features of the invention. In particular, they shall not contain such expressions as "as described in part ... of the description", or "as illustrated in figure ... of the drawings". (7)Where patent application contains drawings including reference signs, the technical features specified in the claims shall preferably be followed by such reference signs relating to these features, placed in parentheses, if the intelligibility of the claim can thereby be increased. These reference signs shall not be construed as limiting the claim. (1)Where a group of inventions is claimed in a European patent application, the requirement of unity of invention under Article 82 shall be fulfilled only when there is a technical relationship among those inventions involving one or more of the same or corresponding special technical features. The expression "special technical features" shall mean those features which define a contribution which each of the claimed inventions considered as a whole makes over the prior art. (2)The determination whether a group of inventions is so linked as to form a single general inventive concept shall be made without regard to whether the inventions are claimed in separate claims or as alternatives within a single claim. (1)patent application comprising more than ten claims shall, in respect of the and each subsequent claim, incur payment of a claims fee. (2)The claims fees shall be paid within one month of filing the first set of claims. If the claims fees have not been paid in due time, they may still be paid within one month of a communication concerning the failure to observe the time limit. (3)If a claims fee is not paid in due time, the claim concerned shall be deemed to be abandoned. Form of the drawings (1) On sheets containing drawings, the usable surface area shall not exceed x . The usable or used surface shall not be surrounded by frames. The minimum be as follows: (2) Drawings shall be executed as follows: (a)Drawings shall be executed without colourings in durable, black, sufficiently dense and dark, uniformly thick and well defined lines and strokes. (b)Cross-sections shall be indicated by hatching which should not impede the clear reading of the reference signs and leading lines. (c)The scale of the drawings and their graphical execution shall be such that electronic or photographic reproduction with a linear reduction in size to two-thirds will allow all details to be distinguished without difficulty. If, exceptionally, the scale is given on a drawing, it shall be represented graphically. (d)All numbers, letters, and reference signs appearing on the drawings shall be simple and clear. Brackets, circles or inverted commas shall not be used in association with numbers and letters. (e)Generally, all lines in the drawings shall be drawn with the aid of drafting instruments. (f)Elements of the same figure shall be proportional to one another, unless a difference in proportion is indispensable for the clarity of the figure. (g)The height of the numbers and letters shall not be less than . For the lettering of drawings, the Latin and, where customary, the Greek alphabets shall be used. (h)The same sheet of drawings may contain several figures. Where figures drawn on two or more sheets are intended to form a single figure, the figures on the several sheets shall be so arranged that the whole figure can be assembled without concealing any part of the partial figures. The different figures shall be arranged without wasting space, preferably in an upright position, clearly separated from one another. Where the figures are not arranged in an upright position, they shall be presented sideways with the top of the figures at the left side of the sheet. The different figures shall be numbered consecutively in Arabic numerals, independently of the numbering of the sheets. (i)Reference signs not mentioned in the description and claims shall not appear in the drawings, and vice versa. Reference signs to features shall be consistent throughout the application. (j)The drawings shall not contain text matter. Where indispensable to understand the drawings, a few short keywords, such as "water", "steam", "open", "closed" or "section on AB", may be included. such keywords shall be placed in such a way that, if required, they can be replaced by their translations without interfering with any lines of the drawings. (3) Flow sheets and diagrams shall be deemed to be drawings. Form and content of the abstract (1)The abstract shall indicate the title of the invention. (2)The abstract shall contain a concise summary of the disclosure as contained in the description, the claims and any drawings. The summary shall indicate the technical field to which the invention pertains and shall be drafted in a allowing the clear understanding of the technical problem, the gist of the solution of that problem through the invention, and the principal use or uses of the invention. The abstract shall, where applicable, contain the chemical formula which, among those contained in the application, best characterises the invention. It shall not contain statements on the alleged merits or value of the invention or on speculative applications thereof. (3)The abstract shall preferably not contain more than one hundred and fifty words. (4)If patent application contains drawings, the applicant shall indicate the figure or, exceptionally, the figures of the drawings which should be published with the abstract. Patent Office may decide to publish one or more other figures if it considers that they better characterise the invention. Each essential feature mentioned in the abstract and illustrated by a drawing shall be followed by a reference sign placed in parentheses. (5)The abstract shall be drafted in such a as to constitute an efficient instrument for the purpose of searching in the particular technical field. In particular, it shall make it possible to assess whether consultation of patent application itself is necessary. (1) patent application shall not contain: (a)statements or other matter contrary to "ordre public" or morality; (b)statements disparaging the products or processes of any third party or the merits or validity of the applications or patents of any such party. comparisons with the prior art shall not be considered disparaging per se; (c)any statement or other matter obviously irrelevant or unnecessary under the circumstances. (2)If the application contains matter prohibited under paragraph 1(a), Patent Office may omit such matter from the application as published, indicating the place and number of words or drawings omitted. (3)If the application contains statements referred to in paragraph 1(b), Patent Office may omit them from the application as published, indicating the place and number of words omitted. Upon request, Patent Office shall furnish a copy of the passages omitted. General provisions governing the presentation of the application documents 1)translation filed under Article 14, paragraph 2, or Rule 25d, paragraph 3, shall be deemed to be a document making up patent application. 2)The documents making up the application shall be presented so as to allow electronic and direct reproduction, in particular by scanning, photography, electrostatic processes, photo offset and microfilming, in an unlimited number of copies. All sheets shall be free from cracks, creases and folds. Only one side of the sheet shall be used. 3)The documents making up the application shall be on A4 paper (x ) which shall be pliable, strong, white, smooth, matt and durable. Subject to paragraph 10 and Rule 32, paragraph 2(h), each sheet shall be used with its short sides at the top and bottom (upright position). (4)Each of the documents making up the application (request, description, claims, drawings and abstract) shall commence on a new sheet. The sheets shall be connected in such a way that they can easily be turned over, separated and joined together again. (5)Subject to Rule 32, paragraph 1, the minimum be as follows: left side: right side: bottom: The recommended maximum for the quoted above is as follows: top: left side: right side: bottom: (6)Upon filing the application, the be completely blank. (7)All the sheets contained in the application shall be numbered in consecutive Arabic numerals. These shall be centred at the top of the sheet, but not placed in the top . (8)The lines of each sheet of the description and of the claims shall preferably be numbered in sets of five, the numbers appearing on the left side, to the right of the . (9)The request for grant of a European patent, the description, the claims and the abstract shall be typed or printed. Only graphic symbols and characters and chemical or mathematical formulae may, if necessary, be drawn or written by hand. The typing shall be 1 ½ spaced. All text matter shall be in characters, the capital letters of which are not less than high, and shall be in a dark, indelible colour. (10)The request for grant of a European patent, the description, the claims and the abstract shall not contain drawings. The description, claims and abstract may contain chemical or mathematical formulae. The description and abstract may contain tables.