sou · GRB366d2 · 2004-01-01 00:00:00 — The claims may contain tables only if their subject-matter makes the use of tables desirable. Tables and chemical or mathematical formulae may be placed sideways on the sheet if they cannot be presented satisfactorily in an upright position. Tables or chemical or mathematical formulae presented sideways shall be placed so that the tops of the tables or formulae are at the left-hand side of the sheet. (11)Values shall be expressed in units conforming to international standards, wherever appropriate in terms of the metric system using SI units. data not meeting this requirement shall also be expressed in units conforming to international standards. Use should be made of the technical terms, conventions, formulae, signs and symbols generally accepted in the field in question. (12)The terminology and the signs shall be consistent throughout patent application. (13)Each sheet shall be reasonably free from erasures and shall be free from alterations. Non-compliance with this rule may be authorised if the authenticity of the content is not impugned and the requirements for good reproduction are not thereby jeopardised. (1)Rules 27, 29 and 32 to 35 shall apply to documents replacing documents making up patent application. Rule 35, paragraphs 2 to 14, shall also apply to the translation of the claims referred to in Rule 51. (2)All documents other than those making up the application shall generally be typewritten or printed. There shall be a of about on the left-hand side of each page. (3)All documents filed after filing the application shall be signed, with the exception of annexed documents. If a document has not been signed, Patent Office shall invite the party concerned to do so within a time limit to be specified. If signed in due time, the document shall retain its original date of receipt; otherwise it shall be deemed not to have been filed. (4)Documents to be communicated to other persons, or relating to two or more European patent applications or European patents, shall be filed in a sufficient number of copies. Where a party fails to comply with this requirement despite an invitation to do so from Patent Office, the missing copies shall be provided at the expense of that party. (5)Rule 24, paragraph 2, shall apply mutatis mutandis. Payment of renewal fees (1)A renewal fee for patent application in respect of the coming year shall be due on the last day of the month containing the anniversary of the date of filing of patent application. Renewal fees may not be validly paid more than one year before they fall due. (2)If a renewal fee is not paid in due time, the fee may still be paid within six months of the due date, provided that an additional fee is also paid within that period. (3)A renewal fee already due in respect of an earlier application at the date on which a divisional application is filed shall also be paid for the divisional application and is due on its filing. This fee and any renewal fee due within four months of filing the divisional application may be paid within that period without an additional fee. Paragraph 2 shall apply. (4)A renewal fee shall not be payable for a new European patent application filed under Article 61, paragraph 1(b), in respect of the year in which it was filed and any preceding year. (1)The declaration of priority referred to in Article 88, paragraph 1, shall indicate the date of the previous filing, the State or Member of the in or for which it was made and the file number. (2)The declaration of priority shall preferably be made on filing patent application. It may still be made or corrected within sixteen months from the earliest priority date claimed. However, a declaration of priority may not be made or corrected after a request under Article 93, paragraph 1(b), has been filed. (3)The particulars of the declaration of priority shall appear in the published European patent application and patent specification. (1)An applicant claiming priority shall file a copy of the previous application within sixteen months of the earliest priority date claimed. This copy and the date of filing of the previous application shall be certified as correct by the authority with which that application was filed. (2)The copy of the previous application shall be deemed to be duly filed if a copy of that application available to Patent Office is to be included in the file of patent application under the conditions determined by the President of Patent Office. (3)Where the previous application is not in an official language of Patent Office and the validity of the priority claim is relevant to the determination of the patentability of the invention concerned, Patent Office shall invite the applicant for or proprietor of patent to file a translation of that application into one of the official languages within a period to be specified. Alternatively, a declaration may be submitted that patent application is a complete translation of the previous application. Paragraph 2 shall apply mutatis mutandis. On request, Patent Office shall issue to the applicant a certified copy of patent application (priority document), under the conditions determined by the President of Patent Office, including the form of the priority document and the circumstances under which an administrative fee shall be paid. IMPLEMENTING REGULATIONS TO PART IV OF THE Examination by the Receiving Section If the examination under Article 90, paragraph 1, reveals that the application fails to meet the requirements laid down in Rule 25d, paragraph 1(a) or (c), paragraph 2 or paragraph 3, first sentence, Patent Office shall inform the applicant of any deficiencies and advise him that the application will not be dealt with as a European patent application unless such deficiencies are remedied within two months. If the applicant does this, he shall be informed of the date of filing accorded by the Office. Missing parts of the description or missing drawings (1)If the examination under Article 90, paragraph 1, reveals that parts of the description, or of drawings referred to in the description or in the claims, appear to be missing, Patent Office shall invite the applicant to file the missing parts within two months. The applicant may not invoke the omission of such a communication. (2)If missing parts of the description or missing drawings are filed later than the date of filing, but within two months of the date of filing or of a communication under paragraph 1, the application shall be re- dated to the date on which those parts were filed, unless the missing parts of the description or missing drawings are withdrawn within one month of their filing. (3)If the missing parts of the description or missing drawings are filed within the period under paragraph 2, and the application claims priority of an earlier application, the date of filing shall, provided that the missing parts of the description or the missing drawings are completely contained in the earlier application, remain the date on which the requirements laid down in Rule 25d, paragraph 1, were fulfilled, where the applicant so requests and files a copy of the previous application and, where the previous application is not in an official language of Patent Office, a translation thereof in one of these languages, within the period under paragraph 2. Rule 38a, paragraph 2, shall apply mutatis mutandis. (4)If the applicant fails to file the missing parts of the description or missing drawings in due time, any references to those parts of the description or drawings shall be deemed to be deleted. (5)The applicant shall be informed of any new date of filing of the application. Examination as to formal requirements If patent application has been accorded a date of filing, Patent Office shall examine, in accordance with Article 90, paragraph 3, whether: (a)a translation of the application required under Article 14, paragraph 2, has been filed in due time; (b)the request for grant of a European patent satisfies the requirements of Rule 26; (c)the application contains one or more claims and an abstract in accordance with Article 78, paragraph 1(c) and (e); (d)the filing fee and the search fee have been paid in accordance with Rule 15, paragraph 2, Rule 25, paragraph 3, or Rule 25b; (e)the designation of the inventor has been made in accordance with Rule 17, paragraph 1; (f)where appropriate, the requirements laid down in Rules 38 and 38a concerning the claim to priority have been satisfied; (g)where appropriate, the requirements of Article 133, paragraph 2, have been satisfied; (h) the application meets the requirements laid down in Rules 23f, 32 and 35. Correction of deficiencies in the application documents If patent application does not comply with the requirements of Rule 40(a) to (c), (g) and(h), Patent Office shall inform the applicant accordingly and invite him to correct the deficiencies noted within two months. The description, claims and drawings may be amended only to an extent sufficient to remedy such deficiencies. Deficiencies in claiming priority If the file number of the previous application under Rule 38, paragraph 1, or the copy of that application under Rule 38a, paragraph 1, have not been filed in due time, Patent Office shall inform the applicant accordingly and invite him to file them within a period to be specified. Subsequent designation of the inventor (1)If the designation of the inventor has not been made in accordance with Rule 17, Patent Office shall inform the applicant that patent application shall be refused unless the designation is made within sixteen months of the date of filing of the application or, if priority is claimed, of the date of priority. (2)Where, in a divisional application or a new application under Article 61, paragraph 1(b), the designation of the inventor has not been made in accordance with Rule 17, Patent Office shall invite the applicant to make the designation within a period to be specified. Late-filed or missing drawings Deleted – substance moved to Rule 39a Content of search report (1)search report shall mention those documents, available to Patent Office at the time of drawing up the report, which may be taken into consideration in deciding whether the invention to which patent application relates is new and involves an inventive step. (2)Each citation shall be referred to the claims to which it relates. Where appropriate, relevant parts of the documents cited shall be identified. (3)search report shall distinguish between cited documents published before the date of priority claimed, between such date of priority and the date of filing, and on or after the date of filing. (4)document which refers to an oral disclosure, a use or any other means of disclosure which took place before the date of filing of patent application shall be mentioned in search report, together with an indication of the date of publication, if any, of the document and the date of the non-written disclosure. (5)search report shall be drawn up in the language of the proceedings. (6)search report shall contain the classification of the subject- matter of patent application in accordance with the international classification. If Patent Office considers that patent application does not comply with this Convention to such an extent that it is impossible to carry out a meaningful search into the state of the art on the basis of all or some of the subject- matter claimed, it shall either issue a reasoned declaration to that effect or, as far as is practicable, draw up a partial search report. The declaration or the partial report shall be considered, for the purposes of subsequent proceedings, as search report. European search report where the invention lacks unity (1)If Patent Office considers that patent application does not comply with the requirement of unity of invention, it shall draw up a partial search report on those parts of the application which relate to the invention, or the group of inventions within the meaning of Article 82, first mentioned in the claims. It shall inform the applicant that for search report to cover the other inventions, a further search fee must be paid, in respect of each invention involved, within a period to be specified, which shall neither be shorter than two weeks nor exceed six weeks. search report shall be drawn up for the parts of the application relating to inventions in respect of which search fees have been paid. (2)fee paid under paragraph 1 shall be refunded if, during the examination of patent application, the applicant requests a refund and the Examination Division finds that the communication under paragraph 1 was not justified. Transmittal of search report Immediately after it has been drawn up, search report shall be transmitted to the applicant together with copies of any cited documents. Definitive content of the abstract Upon drawing up search report, Patent Office shall determine the definitive content of the abstract and transmit it to the applicant together with the search report. Publication of patent application Technical preparations for publication (1) The President of Patent Office shall determine when the technical preparations for publication of patent application are deemed to have been completed. (2) The application shall not be published if it has been finally refused or withdrawn or is deemed to be withdrawn before the termination of the technical preparations for publication. Form of the publication of European patent applications and European search reports (1)The publication of patent application shall contain the description, the claims and any drawings as filed, the abstract and, in an annex, search report, where it is available before the termination of the technical preparations for publication. If the search report is not published at the same time as the application, it shall be published separately. (2)The President of Patent Office shall determine the form of the publication of the application and the data to be included. The same shall apply where search report and the abstract are published separately. (3)The designated Contracting States shall be indicated in the published application. (4)If, before the termination of the technical preparations for publication of the application, the claims have been amended under Rule 86, paragraph 2, the new or amended claims shall be included in the publication in addition to the claims as filed. (1)Patent Office shall inform the applicant of the date on which Patent Bulletin mentions the publication of search report and shall draw his attention to Rule 50a, paragraph 1, and Article 94, paragraph 2. (2)The applicant may not invoke the omission of the communication under paragraph 1. If a later date of publication is specified in the communication, that later date shall be the decisive date as regards the period for filing the request for examination, unless the error is obvious. (1) The applicant may request examination of patent application up to six months after the date on which Patent Bulletin mentions the publication of search report. The request may not be withdrawn. (2)If the request for examination has been filed before search report has been transmitted to the applicant, Patent Office shall invite the applicant to indicate, within a period to be specified, whether he wishes to proceed further with the application, and shall give him the opportunity to comment on the search report and to amend, where appropriate, the description, claims and drawings. (3)If the applicant fails to reply in due time to the invitation under paragraph 2, the application shall be deemed to be withdrawn. Examination by the Examining Division (1)In any communication under Article 94, paragraph 3, the Examining Division shall, where appropriate, invite the applicant to correct any deficiencies noted and to amend the description, claims and drawings within a period to be specified. (2)communication under Article 94, paragraph 3, shall contain a reasoned statement covering, where appropriate, all the grounds against the grant of patent. (3)Before the Examining Division decides to grant patent, it shall inform the applicant of the text in which it intends to grant it, and shall invite him to pay the fees for grant and printing and to file a translation of the claims in the two official languages of Patent Office other than the language of the proceedings, within a period to be specified, which may not be less than two months or more than four months. The period shall be extended once by a maximum of two months, provided that the applicant so requests before it expires. If the applicant pays the fees and files the translation within this period, he shall be deemed to have approved the text intended for grant. (4)If the applicant, within the period laid down in paragraph 3, requests amendments under Rule 86, paragraph 3, or the correction of errors under Rule 88, he shall, where the claims are amended or corrected, file a translation of the claims as amended or corrected. If the applicant pays the fees and files the translation within this period, he shall be deemed to have approved the grant of the patent as amended or corrected. (5)If the Examining Division does not consent to an amendment or correction requested under paragraph 4, it shall, before taking a decision, give the applicant an opportunity to submit, within a period to be specified, his observations and any amendments considered necessary by the Examining Division, and, where the claims are amended, a translation of the claims as amended. If the applicant submits such amendments, he shall be deemed to have approved the grant of the patent as amended. If patent application is refused, withdrawn or deemed to be withdrawn, the fees for grant and printing, and any claims fees paid under paragraph 6, shall be refunded. (6)If patent application in the text intended for grant comprises more than ten claims, the Examining Division shall invite the applicant to pay claims fees in respect of each additional claim within the period under paragraph 5, unless the said fees have already been paid under Rule 31 or Rule 110. (7)If the fees for grant and printing or the claims fees are not paid in due time, or if the translation is not filed in due time, patent application shall be deemed to be withdrawn. (8)If the designation fees become due after the communication under paragraph 3, the mention of the grant of patent shall not be published until the designation fees have been paid. The applicant shall be informed accordingly. (9)If a renewal fee becomes due after the communication under paragraph 3 and before the next possible date for publication of the mention of the grant of patent, the mention shall not be published until the renewal fee has been paid. The applicant shall be informed accordingly. (10)The communication under paragraph 3 shall indicate the designated Contracting States which require a translation under Article 65, paragraph 1. (11)The decision to grant patent shall state which text of patent application forms the basis for the decision. of patent to different applicants Where different persons are recorded in Patent Register as applicants in respect of different Contracting States, Patent Office shall grant patent for each accordingly. Content and form of the specification (1)The specification of patent shall include the description, the claims and any drawings. It shall also indicate the period for opposing patent. (2)The President of Patent Office shall determine the form of the publication of the specification and the data to be included. (3)The designated Contracting States shall be indicated in the specification. Certificate for a European patent (1)As soon as the specification of patent has been published, Patent Office shall issue to the proprietor of the patent a certificate for a European patent, to which the specification shall be annexed, certifying that the patent has been granted for the invention described in the patent specification, to the person named in the certificate, for the Contracting States indicated in the specification. (2)The proprietor of the patent may request that duplicate copies of patent certificate be supplied to him upon payment of an administrative fee. IMPLEMENTING REGULATIONS TO PART V OF THE Surrender or lapse of the patent An opposition may be filed even if patent has been surrendered in all the designated Contracting States or has lapsed in all those States. Form and content of the opposition (1)Notice of opposition shall be filed in a written reasoned statement. (2)The notice of opposition shall contain: (a)particulars of the opponent as provided in Rule 26, paragraph 2(c); (b)the number of patent against which opposition is filed, the name of the proprietor of the patent and the title of the invention; (c)a statement of the extent to which patent is opposed and of the grounds on which the opposition is based, as well as an indication of the facts and evidence presented in support of these grounds; (d)if the opponent has appointed a representative, particulars as provided in Rule 26, paragraph 2(d). Rejection of the opposition as inadmissible (1)If the Opposition Division notes that the notice of opposition does not comply with the provisions of Article 99, paragraph 1, or Rule 55a, paragraph 2(c), or does not sufficiently identify the patent against which opposition has been filed, it shall reject the opposition as inadmissible unless these deficiencies have been remedied before expiry of the opposition period. (2)If the Opposition Division notes that the notice of opposition does not comply with provisions other than those referred to in paragraph 1, it shall communicate this to the opponent and shall invite him to remedy the deficiencies noted within a period to be specified. If the deficiencies are not remedied in due time, the Opposition Division shall reject the opposition as inadmissible. (3) The decision to reject an opposition as inadmissible shall be communicated to the proprietor of the patent, together with a copy of the notice of opposition. Procedure where the proprietor of the patent is not entitled (1)If a third party provides evidence, during opposition proceedings or during the opposition period, that he has instituted proceedings against the proprietor of patent, seeking a decision within the meaning of Article 61, paragraph 1, opposition proceedings shall be stayed unless the third party communicates to Patent Office in writing his consent to the continuation of such proceedings. Such consent shall be irrevocable. However, proceedings shall not be stayed until the Opposition Division has deemed the opposition admissible. Rule 13, paragraphs 2 and 3, shall apply mutatis mutandis. (2)Where a third party has, in accordance with Article 99, paragraph 4, replaced the previous proprietor for one or some of the designated Contracting States, the patent as maintained in opposition proceedings may, for these States, contain claims, a description and drawings different from those for the other designated States. Preparation of the examination of the opposition (1)The Opposition Division shall communicate the notice of opposition to the proprietor of the patent and shall give him the opportunity to file his observations and to amend, where appropriate, the description, claims and drawings within a period to be specified. (2)If several notices of opposition have been filed, the Opposition Division shall communicate them to the other opponents at the same time as the communication under paragraph 1. (3)The Opposition Division shall communicate any observations and amendments filed by the proprietor of the patent to the other parties and shall invite them, if it considers this expedient, to reply within a period to be specified.