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1、epo.orgEuropean Patent GuideHow to get a European patentJuly 2023 Edited and published by European Patent Office Munich Germany EPO 2023 ISBN 978-3-89605-357-2 Responsible for the content Directorate 5.3.1 European Patent Guide How to get a European patent 23rd edition Updated to 1 July 2023 3 Conte

2、nts Chapter 1 Foreword 7 Chapter 2 General 9 2.1 Introduction 9 2.2 Nature and purpose of the European Patent Convention 10 2.3 Relationship to other international conventions 11 2.4 Choosing a route:national,European or international 12 Legal factors 12 Economic factors 13 2.5 Extending/validating

3、European patents to/in non-contracting states 15 Chapter 3 Patentability 17 3.1 Introduction 17 3.2 Invention 17 3.3 Novelty 18 Basic principles 18 Prior rights 19 3.4 Inventive step 19 Chapter 4 Preparing and filing a European patent application 21 4.1 Formal requirements 21 Entitlement to file Eur

4、opean patent applications 21 States for which European patent applications may be filed 21 Languages for European patent applications 22 Language arrangements to assist applicants from certain contracting states 22 Items making up a European patent application 23 Request for grant 23 Designation of

5、inventor 24 Claiming priority 24 Filing by reference 26 Representation 27 4.2 Presenting your invention 29 Disclosing your invention 29 Unity of invention 29 Drafting the technical application documents 29 Description 30 Biotechnology applications 32 Nucleotide and amino acid sequences 32 4 Depositi

6、ng biological material to supplement the description 32 Claims 34 Claims incurring fees 35 Drawings 35 Abstract 36 Prohibited matter 37 Unitary character of European patent applications and patents 37 4.3 Filing European patent applications 38 Where and how to file 38 Date of filing 39 Acknowledgeme

7、nt of receipt 39 Applications filed with national authorities and forwarded to the EPO 40 Fees 40 Fee amounts and payment methods 43 Refund of fees 44 4.4 Filing other documents 45 Where and how to file 45 Signature 46 Date of receipt 47 Acknowledgement of receipt 47 Chapter 5 The European patent gr

8、ant procedure 49 5.1 General survey 49 5.2 Procedure up to publication of the application 50 Examination on filing 50 Examination as to formal and other requirements 51 European search report 52 Lack of unity of invention 54 5.3 Publication of the European patent application 54 5.4 Examination proce

9、dure 56 Request for examination 56 Stages of the procedure 57 Amending applications before and during examination proceedings 60 National requirements governing translations of European patents 61 5.5 Opposition procedure 62 Opposition period 62 Grounds for opposition 62 Form and content of the noti

10、ce of opposition 62 Examination of the notice of opposition for admissibility 63 Substantive examination of the opposition 63 5.6 Limitation and revocation procedure 64 5 5.7 Appeals procedure 66 Filing an appeal 66 Interlocutory revision 67 Stages of the procedure before the boards of appeal 67 Pet

11、ition for review 68 5.8 Divisional applications 69 5.9 Renewal fees 70 5.10 General provisions governing periods 70 Missed time limits 71 Completion of an omitted act 72 5.11 How to register transfers,changes of name,licences and other rights 73 Transfer of rights 73 Changes of name 74 Licences and

12、other rights 74 Annex I Overview of the procedure for the grant of a European patent 77 Annex II Examples of European patent applications 79 Chemistry 80 Mechanics 106 Computers 121 Annex III Authorities with which European patent applications may be filed 167 Annex IV Time limits 169 Annex V Fees 1

13、73 Annex VI Patent information services 175 7 Chapter 1 Foreword The European Patent Guide aims to provide applicants and their representatives with an outline of the procedure involved in applying for a European patent.This updated 23rd(2023)edition of the Guide is based on the revised European Pat

14、ent Convention(EPC 2000)which entered into force on 13 December 2007.All references to articles or rules in this Guide therefore relate to the EPC as in force since that date or as amended between that date and July 2023.Please note,however,that in some cases certain provisions of the earlier Conven

15、tion(EPC 1973)will continue to apply for applications which were pending at the time the revised EPC entered into force.The present edition has been updated to reflect the situation as at 1 July 2023,and takes account of changes to European Patent Office(EPO)procedures entering into force before or

16、on that date.Users of this Guide should therefore always check the EPO website(epo.org)for information about any changes which may have occurred since then.Any comments and questions on the present Guide may be addressed to Directorate 5.3.1 Patent Law and Processes(patentlawepo.org).There is also a

17、nother guide for applicants covering the Euro-PCT route(Euro-PCT Guide:PCT procedure at the EPO(see point 2.3.002).9 Chapter 2 General 2.1 Introduction 2.1.001 This Guide outlines the provisions relevant to the filing of European patent applications,offering practical advice to smooth the way to a E

18、uropean patent.In addition,it briefly describes the post-grant procedures carried out by the EPO.It cannot,however,go into the details or specific issues of the European patent grant or post-grant procedures,and it does not constitute an official commentary on the European Patent Convention(EPC).If

19、you need more detailed information,you are advised to consult the Guidelines for Examination in the European Patent Office,a comprehensive guide to every stage of the grant procedure and to EPO practice.The charts in Annexes I and in IV to the present Guide illustrate the course of the grant procedu

20、re and the time limits applicants have to observe.2.1.002 In the right-hand margin1 you will find references to the provisions of the EPC,the Implementing Regulations and the Rules relating to Fees,and to passages from the Guidelines for Examination in the EPO(2023 edition)and the Official Journal(O

21、J)of the EPO.You are strongly advised to consult the works in question before taking any decisions in practice.The authentic texts of the EPC and the Guidelines are given in two EPO publications,the European Patent Convention and the Guidelines for Examination in the European Patent Office,both avai

22、lable on the EPO website(epo.org),where you will find the latest edition of these and any of the other publications mentioned in this Guide.We also refer you to the decisions and notices published by the EPO in its Official Journal and on its website.Decisions of the boards of appeal of the EPO(see

23、points 5.7.001-5.7.012)are published on the EPO website.We recommend that you consult the relevant decisions when questions regarding the interpretation of particular EPC provisions arise.The Case Law of the Boards of Appeal of the EPO contains brief summaries of selected decisions and makes it easi

24、er to find the relevant ones.The most important sources for European patent law and EPO practice,along with much other useful information,are accessible on the internet via the EPO website(epo.org).2.1.003 As in any other patent grant procedure,you need to be thoroughly familiar with patent matters

25、if you are to steer your way successfully through the European route.So if you lack the 1 Not visible in the HTML version if viewed on a mobile device.10 requisite experience,we advise you to consult a professional representative before the EPO(see points 4.1.023-4.1.031).2.1.004 The EPO publication

26、 entitled National law relating to the EPC contains detailed information on the regulations and requirements governing European patent applications and patents in the contracting,extension and validation states.A valuable supplement to this Guide,it is available on the EPO website(epo.org).2.2 Natur

27、e and purpose of the European Patent Convention 2.2.001 A patent is a legal title granting its holder the right in a particular country and for a certain period of time to prevent third parties from exploiting an invention for commercial purposes without authorisation.The EPC has established a singl

28、e European procedure for the grant of patents on the basis of a single application and created a uniform body of substantive patent law designed to provide easier,cheaper and stronger protection for inventions in the contracting states.The contracting states are:Albania,Austria,Belgium,Bulgaria,Croa

29、tia,Cyprus,Czech Republic,Denmark,Estonia,Finland,France,Germany,Greece,Hungary,Iceland,Ireland,Italy,Latvia,Liechtenstein,Lithuania,Luxembourg,Malta,Monaco,Montenegro,Netherlands,North Macedonia,Norway,Poland,Portugal,Romania,San Marino,Serbia,Slovakia,Slovenia,Spain,Sweden,Switzerland,Trkiye and U

30、nited Kingdom.In each contracting state for which it is granted,a European patent gives its proprietor the same rights as would be conferred by a national patent granted in that state.If its subject-matter is a process,protection is extended to products directly obtained by that process.Any infringe

31、ment of a European patent is dealt with by national law(but see point 2.3.004).A published European patent application provides provisional protection which is no less than that conferred by a contracting state for a published national application and which must at least include the right to reasona

32、ble compensation in the event of wrongful infringement.The standard term of a European patent is twenty years as from the date of filing.Provided that the annual renewal fees are duly paid,patents remain in force for the maximum term.Article 63(2)sets out circumstances in which the term of a patent

33、can be extended or a longer term granted.This option of extension by means of a supplementary protection certificate(SPC)is intended primarily for medicinal or plant protection product patents,where the administrative approval procedure takes so long that the useful life of the patent is diminished.

34、Art.64 Art.67 Art.63 11 2.2.002 European patents may also be effective in some countries that have not acceded to the EPC(extension and validation states).At present these are Bosnia and Herzegovina(extension state)as well as Morocco,the Republic of Moldova,Tunisia and Cambodia(validation states)(se

35、e point 2.5.001).2.3 Relationship to other international conventions 2.3.001 The EPC constitutes a special agreement within the meaning of the Paris Convention for the Protection of Industrial Property.This means in particular that the principles of the Paris Convention on claiming priority and the

36、national treatment principle also apply in the European procedure and to European applications.Since nearly all the EPC contracting states are members of the WTO,the relevant provisions of the TRIPS Agreement(Agreement on trade-related aspects of intellectual property rights)are implemented in the r

37、evised EPC.2.3.002 The EPC further constitutes a regional patent treaty within the meaning of Article 45(1)PCT,which means that European patents can be granted on the basis of an international application filed under the PCT.The Euro-PCT Guide deals with this filing route to obtaining patent protect

38、ion in Europe.It is available on the EPO website(epo.org).2.3.003 The Agreement on the application of Article 65 EPC the London Agreement is an optional agreement aiming at reducing the costs relating to the translation of European patents.The EPC contracting states which have ratified or acceded to

39、 the Agreement undertake to waive,entirely or largely,the requirement for translations of European patents.For more information,please consult the EPO website(epo.org).2.3.004 The Unitary Patent is a European patent with unitary effect,which means a European patent granted by the EPO under the rules

40、 and procedures of the EPC to which,after grant,unitary effect is attributed for the territory of the EU member states participating in the Unitary Patent scheme and bound by the Agreement on a Unified Patent Court(UPCA).After grant of the European patent but no later than one month after the mentio

41、n of grant is published in the European Patent Bulletin you have the option to file a request for unitary effect with the EPO if you wish to obtain a Unitary Patent.The tasks of the EPO include:examining these requests and registering unitary effect setting up and administering the Register for unit

42、ary patent protection collecting renewal fees for Unitary Patents These tasks are carried out by the EPO under rules which implement Regulation(EU)No 1257/2012 of the European Parliament and of the Council.Art.87-89 Art.150-153 R.157-165 GL E-IX Supplementary publication 3,OJ EPO 2023 OJ EPO 2016,A3

43、9,A40,A41 OJ EPO 2013,111,132 12 The Unitary Patent became available on 1 June 2023 when the UPCA entered into force.A list of the EU member states which have ratified the Agreement is available at:consilium.europa.eu/en/documents-publications/treaties-agreements/agreement/?id=2013001.For further de

44、tailed information,you can consult the Unitary Patent Guide(2nd edition,April 2022)on the EPO website(epo.org).2.4 Choosing a route:national,European or international 2.4.001 The European procedure has not superseded the national grant procedures.So when seeking patent protection in one or more EPC

45、contracting states you have a choice between following the national procedure in each state for which you want protection and taking the European route,which in a single procedure confers protection in all the contracting states that you designate.2.4.002 If you decide you want a European patent,you

46、 have a further choice between the direct European route and the Euro-PCT route(see point 2.3.002 and the Euro-PCT Guide:PCT procedure at the EPO).With the direct European route,the entire European patent grant procedure is governed by the EPC alone;with the Euro-PCT route,the first phase of the gra

47、nt procedure(the international phase)is subject to the PCT,while the regional phase before the EPO as designated or elected Office is governed primarily by the EPC.2.4.003 We will now summarise the chief legal and economic factors that are likely to influence your choice between the European and nat

48、ional procedures.Legal factors 2.4.004 A European patent is granted after an examination designed to establish whether the European patent application and the invention to which it relates comply with the patentability requirements of the EPC.These requirements are the basis not only for the grantin

49、g of a European patent,but also for the assessment of its validity by national courts.In addition,under the EPC the extent of the protection conferred by the European patent is determined uniformly for all the contracting states.2.4.005 The grant procedure is conducted by the EPOs Receiving Section,

50、search divisions and examining divisions;if they decide against your application,you can file an appeal before the boards of appeal of the EPO.Once a European patent has been granted,there follows a nine-month period in which third parties are entitled to file a reasoned notice of opposition;and at

51、the end of the resulting opposition proceedings,either the patent is maintained Art.69,138 Art.16,17,18,99,106 13 as granted or as amended or it is revoked.The decision taken in the opposition proceedings applies to all designated contracting states and can also be appealed before the boards of appe

52、al of the EPO.Once it has been granted,you can file a request for limitation or revocation of your own patent.2.4.006 European patents have a uniform wording and a uniform extent of protection for all designated contracting states(but see points 4.2.027 and 4.2.039)and offer a high presumption of va

53、lidity.Patent law in the contracting states has been extensively harmonised with the EPC in terms of patentability requirements.However,as grant procedures continue to be differently structured and are conducted in parallel by several offices,the national route generally leads to national rights wit

54、h differing extents of protection.Economic factors 2.4.007 Processing fees in the European patent grant procedure are staggered;so at each stage of the procedure you have a further chance to decide,in the light of the completed stages,whether your interest in obtaining patent protection is still gre

55、at enough to justify paying the next fee.In particular,the separation between search and substantive examination(see points 5.1.002 and 5.1.003)enables you to decide in the light of the European search report(see point 5.2.010)whether it is worth requesting substantive examination.2.4.008 In certain

56、 circumstances you may be interested in having your application processed faster,at the search stage or the substantive examination stage or both.If you file a request for accelerated processing,the EPO will make every effort to reduce the usual processing times as much as it can,under the programme

57、 for accelerated prosecution of European patent applications.2.4.009 Your application may be a first filing with the EPO.As a rule,you will be sent the search report within five months of the date of filing.2.4.010 Like a first filing with a national office,a European first filing gives rise to the

58、right of priority for a national,European or international second filing made in the priority year(see points 4.1.017-4.1.021).2.4.011 Taking into account the fees levied for the European grant procedure,costs for representation by a single agent and the cost of conducting the proceedings in a singl

59、e language,a European patent as a rule costs about as much as three or four national patents.Art.105a,105b Art.2 RFees GL E-VIII,4 14 2.4.012 Information on fees and conditions for fee refunds is provided in points 4.3.010 ff.2.4.013 The European procedure is conducted in one of the three official l

60、anguages of the EPO(English,French,German),specifically the one in which you choose to file your application or a translation thereof.In addition,if you are from a contracting state whose language is not one of the EPOs official languages,you enjoy certain advantages as regards languages and fees if

61、 you use an official language of your contracting state(see points 4.1.008-4.1.011).2.4.014 In the final phase of the European patent grant procedure,however,you are required to file a number of translations.You have to provide the EPO with translations of the claims in its other two official langua

62、ges.Some contracting states require you to file a translation of the European patent specification or of the claims in one of their official languages,if different from the language of the proceedings,in order for the European patent to take effect there(see point 5.4.023).Further information is ava

63、ilable on the EPO website(epo.org).2.4.015 The European patent grant procedure lasts about two to four years from when the application is filed.It breaks down into two main stages.The first comprises formalities examination,search report preparation and the drafting of an opinion on whether the appl

64、ication and the invention to which it relates seem to meet the requirements of the EPC.The second comprises substantive examination.2.4.016 In the first of these stages there is no need for your active involvement unless the Receiving Section finds formal deficiencies or the search division requests

65、 clarification of the subject-matter to be searched.However,in the second stage substantive examination your application is assigned to an examining division,which usually communicates with you or your representative before deciding whether to grant the patent or refuse the application(see points 5.

66、1.003 and 5.4.001-5.4.022).Competent preparation of the patent application and of all procedural steps before the EPO is a crucial factor in ensuring that the examination procedure runs quickly and satisfactorily(see point 2.1.003).Art.14(2),(3)R.6(3)Art.14(1)RFees GL A-X,9.2 Art.65,97 R.71(3)R.55-6

67、6,70-72 R.62a,63,71-72 15 2.5 Extending/validating European patents to/in non-contracting states 2.5.001 The European Patent Organisation has signed cooperation and European patent extension agreements with a number of European states that are(or at the time were)not party to the EPC.Since 2010,it h

68、as concluded further agreements providing for European patents to have effect in non-contracting states.However,these validation agreements are not limited to European countries.As an applicant for a European patent you thus have a simple and cost-effective way of obtaining patent protection in some

69、 countries which are not contracting states.If you request extension/validation and pay the extension/validation fee(s)in time,you can have European patent applications(direct and Euro-PCT filings)and patents extended to/validated in these countries,where they will then in principle have the same ef

70、fect as national applications and patents,will be subject to national law and will enjoy essentially the same protection as patents the EPO grants for EPC contracting states.You can currently request extension to Bosnia and Herzegovina,as well as validation in Morocco,the Republic of Moldova,Tunisia

71、 and Cambodia.Lists of countries which have concluded an extension/validation agreement with the EPO are available at epo.org/about-us/foundation/extension-states.html and epo.org/about-us/foundation/validation-states.html.The extension and validation systems are largely the same as the designation

72、system for contracting states.For example,the period for payment of the extension/validation fee is the same as the period for payment of the designation fee.However,the extension and validation systems are based not on direct application of the EPC but solely on the relevant national law modelled o

73、n the EPC.Hence they are subject to the national extension/validation rules of the country concerned.Further information is available at epo.org/law-practice/legal-texts/extension-validation-system.html.GL A-III,12 17 Chapter 3 Patentability 3.1 Introduction 3.1.001 European patents are granted for

74、inventions that are new,involve an inventive step and are susceptible of industrial application.An invention can belong to any field of technology.3.2 Invention 3.2.001 The EPC does not define the meaning of invention,but it does provide a non-exhaustive list of subject-matter and activities that ma

75、y not be regarded as inventions,i.e.that are expressly excluded from patentability.In this respect your attention is particularly drawn to the following four fields:3.2.002 The first is programs for computers,which are not regarded as inventions if claimed as such.However,a computer program is not e

76、xcluded from patentability under Article 52 if,when running on a computer,it causes a further technical effect going beyond the normal physical interaction between the program(software)and the computer(hardware).An example of a further technical effect is where the program serves to control a techni

77、cal process or governs the operation of a technical device.The internal functioning of the computer itself under the influence of the program could also bring about such an effect.Thus computer programs are not automatically excluded from patentability.More information about the patentability of com

78、puter-implemented inventions is available on the EPO website(epo.org).3.2.003 The second field is methods for treatment of the human or animal body by surgery or therapy,and diagnostic methods practised on the human or animal body.These inventions are expressly excluded from patentability.The exclus

79、ion from patentability does not apply to products,substances and compositions for use in such methods,e.g.medicaments or surgical instruments.Substances and compositions are in fact singled out for special treatment in the EPC as regards the novelty requirement:even a known substance or composition

80、may be patented for further medical or veterinary uses,provided that such use is novel and inventive.This exception does not exclude the patentability of other methods of treatment of living human beings and animals;moreover the treatment of body tissues after they have been removed from the human o

81、r animal body and diagnostic methods applied to such tissues are patentable as long as the tissues are not returned to the same body.Art.52(1)Art.52(2),(3),53 GL G-II,3 Art.52(2)(c),(3)GL G-II,3.6 GL Index for Computer-Implemented Inventions Art.53(c),54(4),(5)GL G-II,4.2 GL G-II,4.2.1 18 3.2.004 Th

82、e third field is plant and animal varieties and essentially biological processes for the production of plants or animals and the plants or animals exclusively obtained by such processes,which are expressly excluded from patentability.In the case of plant varieties,a separate form of protection is av

83、ailable in most contracting states and under EU law.A process for the production of plants or animals is essentially biological if it is based on sexual crossing of whole genomes and on the subsequent selection of plants or animals,even if other technical steps relating to the preparation of the pla

84、nt or animal or its further treatment are present in the claim before or after the crossing and selection steps.The exclusion does not apply to microbiological processes or the products of such processes.In general,biotechnological inventions are also patentable if they concern biological material t

85、hat is isolated from its natural environment or produced by means of a technical process,even if it previously occurred in nature.3.2.005 The last field is inventions excluded from patentability because their commercial exploitation would be contrary to ordre public or morality.In particular,patents

86、 are not granted in respect of processes for cloning human beings,processes for modifying the germ line genetic identity of human beings,uses of human embryos for industrial or commercial purposes,or processes for modifying the genetic identity of animals that are likely to cause them suffering with

87、out any substantial medical benefit to man or animal,and also animals resulting from such processes.3.3 Novelty Basic principles 3.3.001 An invention is considered to be new if it does not form part of the state of the art.The definition of the state of the art in the EPC reflects the principle of a

88、bsolute novelty:the state of the art comprises everything made available to the public anywhere in the world by means of a written or oral description,by use,or in any other way,before the date of filing or priority.However,novelty is prejudiced only by something which is clearly disclosed to a skil

89、led person in a single source of prior art,e.g.in a patent application published before the date of priority.3.3.002 An earlier disclosure of the invention is non-prejudicial only if it occurred less than six months before the filing of the European patent application and was due to an evident abuse

90、 in relation to the applicant or to display at an exhibition falling within the terms Art.53(b)R.26,27,28(2)GL G-II,5.4 GL G-II,5.5 Art.53(a)R.28(1)GL G-II,4.1 Art.54(1)GL G-VI Art.54(2),89 GL G-IV Art.55 R.25 GL A-IV,3 GL G-V 19 of the Paris Convention on international exhibitions.2 Except in these

91、 two cases,the second of which is rare in practice,any disclosure of the invention before the date of filing or,if applicable,the earliest priority claimed(see point 4.1.021)can be cited against the applicant as forming part of the state of the art,even if the applicant themself was responsible for

92、the disclosure.Prior rights 3.3.003 The state of the art is also held to comprise the content of European patent applications filed before the date of filing or priority but not published until on or after that date.A PCT application which is filed before the date of filing or priority but not publi

93、shed until on or after that date and for which the EPO acts as designated Office forms part of the state of the art for the purposes of Article 54(3)if the filing fee has been paid to the EPO and the PCT application is published in one of the EPOs official languages(English,French or German).If the

94、PCT application was published in Arabic,Chinese,Japanese,Korean,Portuguese,Russian or Spanish,a translation into one of the official languages of the EPO must have been filed with the EPO,which will publish it(see point 2.3.002).Everything in the earlier application as filed is prejudicial to novelt

95、y.The consequences that any earlier national patent applications or patents have for the patentability of the invention in the designated contracting states are assessed by the competent national courts after the European patent has been granted(but see point 4.2.040).3.3.004 As a rule,a conflict be

96、tween two European patent applications has only limited consequences,as the disclosed content of the earlier application is relevant only to the assessment of the later applications novelty,not its inventive step.Hence the later applications claims can mostly be drafted in such a way that the earlie

97、r application is not prejudicial to novelty.3.4 Inventive step 3.4.001 An invention is held to involve an inventive step if it is not obvious to the skilled person in the light of the state of the art(which does not include prior rights,see points 3.3.003-3.3.004).In assessing inventive step as oppo

98、sed to novelty(see point 3.3.001),multiple sources of prior art may be applied.The inventive step requirement is intended to prevent exclusive rights forming barriers to normal and routine development.2 Every year the EPO in its Official Journal publishes a list of exhibitions falling within the ter

99、ms of this Convention that have been registered by the International Exhibition Bureau.Art.54(3),89 GL B-VI,4 Art.153(5)R.165 GL G-IV,5.2 Art.139(2)GL H-III,4.4 Art.56 GL G-IV,5 Art.56 20 3.4.002 The EPO seeks to make a realistic and balanced assessment of the inventive step criterion.Inventive step

100、 is usually evaluated on the basis of the problem/solution approach,in other words whether the solution presented to the problem in the patent application is obvious or not to the person skilled in the art.This always depends on the specific circumstances of the case.Depending on the situation,vario

101、us factors are taken into account,such as the unexpected technical effect of a new combination of known elements,the choice of specific process parameters within a known range,the difficulty the skilled person has in combining known documents,secondary indicia such as the fact that the invention sol

102、ves a long-standing technical problem which there have been many attempts to solve,or the overcoming of a technical prejudice.If you need more detailed information,you are advised to refer to the Guidelines for Examination and to the decisions of the boards of appeal(see point 2.1.002).GL G-VII 21 C

103、hapter 4 Preparing and filing a European patent application 4.1 Formal requirements Entitlement to file European patent applications 4.1.001 A European patent application may be filed by any natural or legal person,or any body equivalent to a legal person,irrespective of nationality and place of res

104、idence or business(but see point 4.1.023).A European patent application may also be filed by joint applicants or by two or more applicants designating different contracting states;where there are different applicants for different contracting states,they are regarded as joint applicants for the purp

105、oses of proceedings before the EPO(see also point 4.1.029).States for which European patent applications may be filed 4.1.002 When filing a European patent application all the contracting states for which the EPC has already entered into force on the date of filing are deemed to be designated(see po

106、int 2.2.001 for the list of contracting states).Switzerland and Liechtenstein may only be designated jointly.4.1.003 In addition,European patent applications and patents may be extended to states not party to the EPC.At present,the only extension state is Bosnia and Herzegovina(see point 2.5.001).4.

107、1.004 European patent applications and patents can be validated in the countries in which a validation agreement entered into force on or before the date of filing of the European patent application(see point 2.5.001).References in this Guide to the designation of contracting states also apply to ex

108、tension to and validation in non-contracting states,unless explicitly stated otherwise.4.1.005 Even though all the contracting states are deemed to be designated upon filing of the application you must subsequently confirm the designations by paying the appropriate fee,which covers the designation o

109、f all contracting states,unless you have expressly withdrawn individual designations.Art.58,59,118 GL A-II,2 Art.79 Art.149 OJ EPO 1980,407 Art.79(2)R.39 Art.2(1),item 3,RFees GL A-III,11 22 As regards extension and validation states,the extension and all validations are deemed to be requested upon

110、filing of the application,but you need to confirm the request for extension/validation by paying the extension/validation fee for each state to or in which you wish to extend or validate protection.Languages for European patent applications 4.1.006 The official languages of the EPO are English,Frenc

111、h and German.4.1.007 If you file your European patent application in any other language,you need to file a translation into one of the official languages of the EPO within two months of filing the application.If the translation is not filed in time,you will be invited to file it within two months of

112、 the notification of the invitation.If the translation is not filed within the time limit set in the invitation,the application is deemed to be withdrawn.The language in which you file the European application(or its translation,if not filed in English,French or German)is used as the language of the

113、 proceedings,and any amendments made to the application or the European patent must be drawn up in that language.Otherwise,in written proceedings,any party may use any of the EPOs official languages.At any time during the proceedings before the EPO,the translation may be brought into conformity with

114、 the text of the application as filed.With regard to divisional applications see point 5.8.004.Language arrangements to assist applicants from certain contracting states 4.1.008 If you(or one of your co-applicants)have your residence or principal place of business in a contracting state that has a l

115、anguage other than English,French or German as an official language,or if you(or one of your co-applicants)are a national of such state but are resident abroad,you may file a European patent application and/or the request for examination in one of that states official languages(admissible non-EPO la

116、nguage).4.1.009 If you are thus entitled to file the application or the request for examination in an admissible non-EPO language and do so,a 30%reduction of the filing and/or examination fee applies if you,as an applicant,are a natural person,a small or medium-sized enterprise,a non-profit organisa

117、tion,a university or a public research organisation.In order to benefit from the reduction,you must submit a declaration of entitlement at the latest by the time of payment of the(reduced)filing or examination fee.The declaration can be made directly in the request for grant of a European patent(EPO

118、 Form 1001;see point 4.1.013)or by filing EPO Form 1011,available on the EPO website(epo.org).GL A-III,12 Art.14(1)Art.14(2)R.6(1),58 GL A-III,14 Art.14(3)R.3 GL A-VII,2,3.1 Art.14(2)Art.14(4)GL A-VII,3.2 R.6(3)-(6)Art.14(1)RFees GL A-X,9.2 23 If you have co-applicants,each one of them must also be

119、either a natural person or an entity according to the above definition and must declare so if you wish to benefit from the 30%reduction of the filing and/or examination fee.4.1.010 If point 4.1.008 applies to you,at any time in the procedure after filing your application you may file any documents s

120、ubject to a time limit in an official language of your state;but within one month of filing any such document you must submit a translation into the language of the proceedings.4.1.011 However,if you use the official language of your state for filing an opposition,appeal or petition for review,you c

121、an file the translation into one of the official languages of the EPO within the opposition,appeal or petition for review period respectively,if that period expires after the one-month period mentioned in point 4.1.010.If you do not file the translation in due time,the document is deemed not to have

122、 been filed.The fee reduction mentioned in point 4.1.009 does not apply to the fees for opposition,appeal(but see point 5.7.003),petition for review,limitation and revocation.Items making up a European patent application 4.1.012 A European patent application consists of a request for the grant of a

123、European patent,a description of the invention,one or more claims,any drawings referred to in the description or claims,and an abstract.Request for grant 4.1.013 The request must be filed on a form prescribed by the EPO(EPO Form 1001).The request for grant form is integrated in the electronic filing

124、 tools EPO Online Filing and Online Filing 2.0.The form,which can also be submitted using the EPO Web-Form Filing service or the EPO Contingency Upload Service,and the associated explanatory notes can be downloaded free of charge from the EPO website(epo.org).You are strongly advised to read the exp

125、lanatory notes carefully before completing the request form.By completing the form you meet all the mandatory requirements governing the information that the request for grant must contain.The request must be duly signed.It may be signed by your representative if you have appointed one.Where it is s

126、igned on behalf of a legal person,the signatorys position within the legal entity must also be indicated.If you have co-applicants and do not appoint a European representative,the request for grant must be signed by all of the applicants(see point 4.1.029).If you file on paper,one copy of the reques

127、t itself must be filed;the receipt for documents(page 9 of the request for grant form)must be filed in triplicate,or in quadruplicate if filed with a national R.6(7)Art.14(4)R.6(2)GL A-VII,3.2 Art.78(1)R.41 GL A-III,4.1 OJ EPO 2023,A48 R.2(2)GL A-III,4.2.2 GL A-VIII,3.2,3.4 24 authority(see point 4.

128、3.003).If the application is filed electronically,no additional copies are necessary.Designation of inventor 4.1.014 In your European patent application you must designate the inventor(s).The inventors must be natural persons.If you yourself are not the inventor or are not the sole inventor,you must

129、 file the designation of the inventor in a separate document,which must indicate the origin of your right to the European patent.You can designate the inventor(s)in the tools provided by the EPO for online filing.Another option is to fill in and file the Designation of inventor form(EPO Form 1002)av

130、ailable on the EPO website(epo.org).4.1.015 The person designated as the inventor will be mentioned in the published European patent application,in the European patent specification,in the European Patent Register and in the European Patent Bulletin,unless they waive this right in due time in advanc

131、e of publication.4.1.016 If you do not designate the inventor when you file the European patent application,you will be invited to correct this deficiency within sixteen months after the date of filing or,if priority is claimed,the earliest priority date,and in any event no later than five weeks pri

132、or to the intended date of publication of the application(see point 5.3.001).If you fail to submit the designation of inventor within the specified period,your application will be refused(see point 5.2.005).Claiming priority 4.1.017 If you or your predecessor in title have duly filed an application

133、for a patent,a utility model or a utility certificate in or for any state party to the Paris Convention for the Protection of Industrial Property or any member of the World Trade Organization you may claim priority when filing a European patent application in respect of the same invention.You must f

134、ile the European patent application no later than twelve months after filing the first application(see points 5.10.008-5.10.010).If the earlier application was filed in or for an EPC contracting state,you may also designate that state in the subsequent European application.The earlier application wh

135、ose priority you claim may also be a European or an international(PCT)application(see point 2.4.010).4.1.018 You may claim multiple priorities in respect of one European patent application,even if they originate from different countries.You may also claim multiple priorities for any one claim.If you

136、 claim multiple priorities,time limits which run from the date of priority are computed from the earliest priority date.Art.81 GL A-III,5 R.19 GL A-III,5 Art.127,128(4),129(a)R.20(1),143(1)(g),144(c)GL A-III,5.2 Art.90(3)-(5)R.60(1)GL A-III,5.5 Art.87 GL A-III,6 GL F-VI,1.3 Art.88(2),(3)GL F-VI,1.5

137、GL A-III,6.3 25 4.1.019 To claim the priority of an earlier application you must indicate the date,country and file number of the earlier application.You must also file the priority document,i.e.a copy of the earlier application certified by the authority with which it was filed,together with authen

138、tication of its filing date from that authority,within 16 months of the priority date.Some patent offices issue electronic priority documents.These may be filed with the EPO,using Online Filing or Online Filing 2.0,provided they are in an accepted document format and are digitally signed by the issu

139、ing authority.In certain cases you are exempted from having to submit a priority document:currently the EPO includes a copy of the earlier application whose priority you claim in the file of the European patent application free of charge if the earlier application is a European patent application or

140、 an international patent application filed with the EPO as receiving Office.It is also possible for you to request that the EPO retrieve the priority document electronically via the WIPO Digital Access Service(DAS),provided that the office where the first filing was made participates in this service

141、.To enable you to make use of DAS,the Office of First Filling will generate a dedicated access code,which you will need to provide to the EPO together with your retrieval request.You can file the retrieval request directly in the request for grant of a European patent(EPO Form 1001;see point 4.1.013

142、)or by filing EPO Form 1013,available on the EPO website(epo.org).In response,the EPO will automatically retrieve,free of charge,the priority document issued by the Office of First Filing.For more information please consult the WIPO website(wipo.int).If you are filing a European patent application c

143、laiming priority from an earlier application,you have to file a copy of any search results in respect of the earlier application.Where the search results are not available when filing the European patent application,they have to be filed without delay after they have been made available to you.The o

144、bligation to file the search results for the earlier application exists as long as the application is pending before the EPO.Where the EPO notes,at the time when the examining division assumes responsibility,that the search results have still not been filed,it invites you to file them within a non-e

145、xtendable time limit of two months.If you fail to file the search results or a declaration that they are not available to you,the European patent application will be deemed to be withdrawn.You are exempted from the obligation to file a copy of the search results if the EPO drew up the search report

146、or your priority application was filed in Austria,China,the Czech Republic,Denmark,Japan,the Republic of Korea,Spain,Sweden,Switzerland,the UK or the US.In future,further countries are expected to be included in this list.4.1.020 You should preferably submit the declaration of priority indicating th

147、e date,country and file number of the earlier application when you file your European patent application.Art.88(1)R.52,53 GL A-III,6.5,6.7 GL F-VI,3.1-3.3 OJ EPO 2023,A48 OJ EPO 2021,A83 OJ EPO 2019,A27 Art.124 R.70b,141 GL A-III,6.12 R.41(2)(g),52(1)GL A-III,6.5,6.7 GL F-VI,3.2 26 You must supply t

148、he complete declaration of priority and the priority document no later than sixteen months after the earliest priority date.If you do not indicate the file number or file the copy of the earlier application within the above time limit,you will be invited to remedy the deficiency;if you fail to do so

149、,you will lose your right to priority(but see point 5.2.006).4.1.021 Among the effects of a valid claim to priority is that the date of priority determines the prior art that can be cited against the European patent application.As a rule,the EPO initially examines only the formal conditions for clai

150、ming priority.The examining division(see points 5.4.001 et seq.)normally checks whether a right to priority exists if it finds prior art(see point 3.3.001)from between the priority date and the date of filing of the European patent application or if it finds a prior right under Article 54(3)(see poi

151、nt 3.3.003).The subject-matter for which priority is claimed must be derivable directly and unambiguously from the full disclosure of the invention in the priority document.Where the priority document is not in English,French or German,you may be invited to file a translation of the previous applica

152、tion into one of the EPOs official languages.If you receive such an invitation,which may happen throughout the grant or opposition proceedings,you must file the translation within the period set by the EPO.Alternatively,if the European patent application is a complete translation of the previous app

153、lication,you may submit a declaration to that effect.If you fail to supply the translation of the priority document or the declaration in due time,the right to priority with respect to the priority claim in question will be lost.However,during grant proceedings,you may file a request for further pro

154、cessing if you have failed to file the translation in time.Filing by reference 4.1.022 Instead of filing application documents,you may file a European patent application by making reference to a previously filed application.When filing your patent application by reference to a previously filed appli

155、cation,you should indicate in the request for grant form(section 26.1 of the paper form)the filing date,the file number and the state or office where the previous application was filed.The reference must indicate that it replaces the description and any drawings.You will then have to file a certifie

156、d copy of the previously filed application within two months of filing the application.If the previous application is not in English,French or German,you must file a translation thereof into one of those languages within the same time limit unless such a translation is already available to the EPO.I

157、f you do not file the certified copy within the said time limit or within a time limit set in a subsequent invitation,the application will not be dealt with as a European patent application.If you do not file a translation of the previously filed application within the said time limit or within a ti

158、me limit set in R.52(2),53(1)R.59 GL A-III,6.7,6.10,6.11 Art.54(2),(3),60(2),89 GL F-VI,2.1,2.4 Art.121 R.53(3),135 GL A-III,6.8 GL F-VI,3.4 Art.14(2),90(1),(2)R.40(1)(c),(2),(3),55 GL A-II,4.1.3.1,4.1.4 GL A-III,14 27 an invitation,the application will be deemed to be withdrawn(but see points 4.1.0

159、07 and 5.10.008 ff).Claims can also be filed by reference to those in the previously filed application.However,you may also decide to file a new set of claims replacing the set in the previously filed application.Representation 4.1.023 If you have your residence or principal place of business in a c

160、ontracting state,you may act on your own behalf in proceedings before the EPO(but see point 2.1.003).If you have neither a residence nor your principal place of business in a contracting state,you must appoint a representative and act through them in all proceedings before the EPO other than in fili

161、ng your European patent application and paying the fees.4.1.024 Representation before the EPO may be undertaken only by professional representatives who are on a list maintained by the EPO,or by legal practitioners entitled to act before the EPO.You will find a searchable online database of professi

162、onal representatives on the EPO website(epo.org).4.1.025 As a rule,professional representatives who identify themselves as such do not need to file an authorisation,unless required under special circumstances.Representatives may be authorised either by individual authorisation or by general authoris

163、ation.The relevant forms,to which amendments are permitted,can be downloaded free of charge from the EPO website(epo.org).General authorisations are registered at the EPO.These are a practical option for all concerned.4.1.026 If an authorisation is required but not filed within the period specified

164、by the EPO,any actions taken by the representative other than the filing of the European patent application and the payment of fees are deemed not to have been taken.4.1.027 If several representatives are appointed,they may act either jointly or singly before the EPO,regardless of any provisions to

165、the contrary in the notification of their appointment or in the authorisation.With multiple representatives it is also advisable to give the particulars of only one of them in the request for grant,appending et al.to their name.The EPO will address its correspondence to the representative named in t

166、he request for grant as long as it is not informed to the contrary.You may also appoint an association of representatives consisting of professional representatives in private practice or employed in a company.In such a case each representative practising in this association is deemed to be authoris

167、ed.Art.133(1)GL A-VIII,1 GL A-III,2 Art.133(2)Art.134(1),(8)GL A-VIII,1.2,1.5 GL A-VIII,1.6 R.152(1),(4)GL A-VIII,1.6,1.7 R.152(2),(6)GL A-VIII,1.8 R.152(10)R.152(11)GL A-VIII,1.6 28 If you appoint an association,all communications will be notified to the registered address of the association indica

168、ted in the request for grant form(see point 4.1.013).4.1.028 If you have your residence or principal place of business in a contracting state,you may also be represented by an employee,who need not be a professional representative.An employee who is representing their employer and who is not a profe

169、ssional representative must have an individual or general authorisation(see point 4.1.025).4.1.029 If an application is filed by more than one person,the request for grant should designate one of them or a professional representative as the common representative.Otherwise,the applicant named first i

170、n the request for grant is deemed to be the common representative.However,if one of the applicants is obliged to appoint a professional representative,the latter is deemed to be the common representative unless the applicant named first in the request for grant has appointed a professional represent

171、ative.4.1.030 The particulars of the representatives name and business address given in the request for grant are recorded in the European Patent Register,published in the European Patent Bulletin and printed in the published European patent application and patent.4.1.031 Notifications sent by the E

172、PO(communications,notices,decisions and summonses)are addressed:(a)to the representative recorded in the European Patent Register;or(b)to you as applicant if you do not appoint a representative,and also if an employee is acting on your behalf.If you are acting without a professional representative,h

173、ave several addresses and wish notifications in proceedings before the EPO to be sent to one address while a different address is to be used for publications,the European Patent Register and the patent certificate,you can indicate an address for correspondence in the request for grant(see point 4.1.

174、013),Address for correspondence(section 9 of the paper form).The address for correspondence must be your own address and must be located in an EPC contracting state.Post cannot be sent to a different(natural or legal)person,since that requires a valid form of representation under Articles 133 and 13

175、4.If you are acting through an employee(Article 133(3),the address for correspondence still has to be one of your own addresses.To facilitate postal delivery or internal distribution of mail,the address may include a sub-division within a firm,provided it is not a separate legal person.Art.133(3)GL

176、A-VIII,1.3 Art.133(4)R.41(3),151(1)GL A-VIII,1.4 Art.129(a)R.68,143(1)(h)Art.119 R.130 GL E-II,2.5 GL A-III,4.2.1 29 4.2 Presenting your invention Disclosing your invention 4.2.001 The European patent application must disclose the invention in a manner sufficiently clear and complete for it to be ca

177、rried out by a person skilled in the art.The description and any accompanying drawings form the basis for the claims,which determine the extent of the protection conferred by the European patent.The description and the drawings are also used to interpret the claims.4.2.002 Once a European patent app

178、lication has been filed,no amendments extending beyond its content as filed may be made to the description,the claims or the drawings.Hence you are not allowed to add examples or features to the application documents at a later date to remedy deficiencies in the disclosure.Nor are you allowed to ext

179、end the subject-matter of the claims,e.g.by omitting certain features,unless there is clear support for such amendment in the application as filed.You must therefore make sure that the claims as filed clearly and accurately identify the invention that you want to protect(see also point 5.4.021).Unit

180、y of invention 4.2.003 European patent applications must relate to a single invention only,or to a group of inventions so linked as to form a single general inventive concept.In the latter case,multiple independent claims in the same category are allowed as long as they comply with Rule 43(2);but th

181、e more usual scenario is multiple independent claims in different categories(see point 4.2.021).Drafting the technical application documents 4.2.004 The requirements relating to the content of the description,claims,drawings and abstract are set out in Articles 83 to 85 and Rules 42,43,47 and 48.The

182、 formal requirements for these documents and documents filed subsequently are defined in Rules 49(2)and 50 in conjunction with the EPO Presidents decision dated 25 November 2022 on the presentation of application and other documents.4.2.005 The following are the main provisions governing the form of

183、 application documents and documents filed subsequently:(a)The documents making up the European patent application(description,claims,drawings and abstract)must be filed in a single copy.The same applies to documents replacing these original documents.(b)The documents making up the application must

184、be of a quality so as to allow electronic and direct reproduction,in particular Art.83,84,69(1)GL F-II,4.1 GL F-IV,6.1 Art.123(2)GL H-IV,2.1,2.2 GL F-II,4.3 GL F-III Art.82 R.43(2),44 GL F-V Art.83-85 R.42-50 GL A-III,3.2 GL A-VIII,2 GL A-IX OJ EPO 2022,A113 Art.78(1)R.49(2),50 GL A-VIII,2.1 OJ EPO

185、2022,A113 30 by scanning,photography,electrostatic processes,photo offset and microfilming,in an unlimited number of copies.(c)In the case of paper filings,the documents must be on strong,pliable,white A4 paper(portrait format).(d)Each document making up the application(request,description,claims,dr

186、awings and abstract)must begin on a new sheet.(e)All the sheets must be numbered in consecutive Arabic numerals,which must be positioned top centre but not in the top margin.(f)The following minimum margins(type area)must be left blank:top:2 cm left:2.5 cm right:2 cm bottom:2 cm(g)The lines of each

187、sheet of the description and the claims should be numbered in sets of five,the numbers appearing on the left side,to the right of the margin.(h)The line spacing must be 1.5.(i)The documents must be typed or printed,with a minimum character height of 0.21 cm for capital letters(normally font size 9 o

188、r 10).(j)There must be no handwritten additions to the text.The special requirements for drawings are dealt with in Article 1 of the EPO Presidents decision dated 25 November 2022 and the Guidelines for Examination.4.2.006 Annex II gives three examples of how to draft a European patent application.D

189、escription 4.2.007 In the description you must:(a)Specify the technical field to which the invention relates.You may do this for example by reproducing the first(prior art)portion of the independent claims in full or in substance or by simply referring to it.(b)Indicate the background art of which y

190、ou are aware,to the extent that it is useful for understanding the invention,preferably citing source documents reflecting such art.This applies in particular to the background art corresponding to the prior art portion of the independent claims.Source document citations must be sufficiently complet

191、e to be OJ EPO 2022,A113 GL A-IX R.42 GL F-II,4 R.42(1)(a)R.42(1)(b)GL F-II,4.3-4.4 31 verifiable:patent specifications by country and number;books by author,title,publisher,edition,place and year of publication and page numbers;periodicals by title,year,issue and page numbers.(c)Disclose the invent

192、ion as claimed.The disclosure must indicate the technical problem that the invention is designed to solve(even if it does not state it expressly)and describe the solution.To elucidate the nature of the solution according to the independent claims you can repeat or refer to the characterising portion

193、 of the independent claims or reproduce the substance of the features of the solution according to the relevant claims.At this point in the description you need only give details of embodiments of the invention according to the dependent claims if you do not do so when describing ways of performing

194、the claimed invention or describing what the drawings show.You should state any advantageous effects your invention has compared with the prior art,but without making disparaging remarks about any specific previous product or process.(d)Briefly describe what is illustrated in any drawings,making sur

195、e you give their numbers.(e)Describe in detail at least one way of carrying out the claimed invention,typically using examples and referring to any drawings and the reference signs used in them.(f)Indicate how the invention is susceptible of industrial application within the meaning of Article 57.4.

196、2.008 In exceptional cases you may arrange the description in a different manner and order if this affords a better understanding or a more economic presentation.4.2.009 Although the description must be clear and straightforward and avoid unnecessary technical jargon,the use of recognised terms of a

197、rt is acceptable and often desirable.Little known or specially formulated technical terms may be allowed provided that they are adequately defined and that there are no generally recognised equivalents.You may use proper names or similar words to refer to a product only if they uniquely identify it.

198、Even then,however,the product must be sufficiently identified,without reliance upon such terms,to enable the invention to be carried out by the skilled person.If such proper names or similar words are registered trade marks,that fact should be mentioned.R.42(1)(c)GL F-II,4.5-4.6 R.48(1)(b)R.42(1)(d)

199、GL F-II,4.7 R.42(1)(e)GL F-II,4.8 GL F-III,1-3 R.42(1)(f)GL F-II,4.9 R.42(2)GL F-II,4.10 GL F-II,4.11-4.14 GL F-III,7 32 Biotechnology applications Nucleotide and amino acid sequences 4.2.010 If your European patent application discloses nucleotide or amino acid sequences,the description must includ

200、e a sequence listing in XML format complying with WIPO Standard ST.26.You are advised to use WIPOs free WIPO Sequence software for preparing a Standard ST.26 sequence listing.The sequence listing must not be filed on paper or in PDF or TXT format.Electronic sequence listings are usually filed online

201、,using the EPOs Online Filing or Online Filing 2.0.Uploading to EPO Form 1001 is enabled if you indicate that the application includes a sequence listing by ticking the relevant check box(Biology/Application details tab).The EPO Contingency Upload Service allows you to attach a sequence listing in X

202、ML format.Further advice is obtainable from the EPO by contacting User Services at epo.org/contact.4.2.011 The standardised presentation of such nucleotide and amino acid sequences in electronic form is mandatory.If you do not comply with the requirements even following an invitation to do so,includ

203、ing payment of the late furnishing fee,your European patent application will be refused(but see point 5.10.007).Depositing biological material to supplement the description 4.2.012 If your invention involves the use of or concerns biological material that is not available to the public and cannot be

204、 described in your European patent application in such a way that it can be carried out by a skilled person,you must deposit a sample of this biological material with a recognised depositary institution no later than at the date of filing.The recognised depositary institutions are the international

205、depositary authorities under the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure.A full list of recognised depositary institutions is published once a year in the EPOs Official Journal.4.2.013 The application as filed must also g

206、ive any relevant information that is available to you on the characteristics of the biological material.If the biological material has been deposited by someone else,you must state the depositors name and address in your application and submit a document satisfying the EPO that the depositor has aut

207、horised you to refer to the deposited biological material in your application and has given unreserved and irrevocable consent to the deposited material being made available to the public.4.2.014 Lastly you must state your chosen depositary institution and the accession number of the deposited biolo

208、gical material,as a rule within sixteen months after the date of filing or,if you have claimed R.30,57 GL A-IV,5 GL F-II,6 OJ EPO 2021,A96,A97 R.30 Art.83 R.31-34 GL A-IV,4 GL F-III,6 OJ EPO 2010,498 R.33(6)R.31(1)(b)GL F-III,6.3 R.31(1)(d),33 Art.83 R.31(1)(c),(2)GL A-IV,4 GL F-III,6.3 33 priority,

209、after the earliest priority date.If any of these requirements is not satisfied,the biological material in question cannot be considered as having been fully disclosed by way of reference to the deposit.Please refer to the Guidelines for Examination for further details.4.2.015 You should also ensure

210、that you complete the corresponding sections in the EPOs Online Filing or Online Filing 2.0 online filing tools(Biology tab),or in EPO Form 1001,sections 35 to 37(Biological material)(paper,Web-Form Filing or EPO Contingency Upload Service).These sections are designed to alert the EPO that the appli

211、cation refers to biological material deposited under Rule 31 and to enable it to draw your attention to any deficiencies before the time limits laid down in Rule 31(2)expire.You are also strongly advised to file the deposit receipt issued by the depositary institution.This document shows the deposit

212、or,the chosen depositary institution and the accession number assigned to your deposit(see 4.2.013).This information enables the EPO to certify any requests for the issuance of a sample(see 4.2.017)and the examining division to establish whether the application satisfies the requirements of sufficie

213、nt disclosure(see 4.2.012).A deposit receipt must be filed for each sample of biological material disclosed in the application and deposited at one of the recognised depositary institutions.The deposit receipt may be filed as long as proceedings before the EPO are pending.4.2.016 From the date of pu

214、blication of the European patent application(see point 5.3.001),the deposited material is available to anyone on request,but only if the requester makes certain undertakings to the applicant or proprietor regarding restrictions on the transmission and use of the material.Until the technical preparat

215、ions for publication of your application are deemed to be completed(see point 5.3.001),you may inform the EPO that,for a certain period,the only way the biological material can be accessed is by the issue of a sample to an independent expert(expert solution).Any natural person may be nominated as an

216、 expert,provided that they fulfil the requirements and obligations laid down by the President of the EPO.The EPO must receive the information that you wish to choose the expert solution no later than about five weeks before the European patent application is published.You can select expert solution

217、in the EPOs Online Filing and Online Filing 2.0 online filing tools(Biology tab)or in EPO Form 1001(paper or Web-Form Filing)by ticking the corresponding check box.The expert option is mentioned in the published European patent application.4.2.017 If you are interested in receiving a sample of biolo

218、gical material deposited in someone elses application,you must file a corresponding request with the EPO.Requests for the issue of samples of biological material deposited must be submitted on the requisite forms,which can be downloaded from the EPO website(epo.org).The completed forms must be sent

219、to the EPO,which GL A-IV,4.2,4.4 R.33 R.32 GL A-IV,4.3 OJ EPO 2017,A60,A61 R.33(4),(5)34 certifies them and transmits them to the competent depositary institution.Claims 4.2.018 The claims must define the matter for which protection is sought in terms of the technical features of the invention.They

220、must be clear and concise and supported by the description.4.2.019 Wherever appropriate,claims should consist of two parts(see the examples in Annex II),a prior art portion and a characterising portion.In the first claim and all other independent claims,the prior art portion should designate the sub

221、ject-matter of the invention and the technical features which are needed to define it but which,in combination,form part of the prior art.The characterising portion should state the technical features for which protection is sought in combination with the features in the prior art portion.4.2.020 An

222、 independent claim must state all the essential features of the invention.4.2.021 A European patent application may not contain more than one independent claim in the same category(e.g.product and/or process)unless one of the exceptions applies.See point 5.2.011 for further information.4.2.022 Each

223、independent claim may be followed by one or more dependent claims concerning particular embodiments of the invention.Dependent claims should include all the features of the claim to which they relate.They must contain,if possible at the beginning,a reference to this other claim,which may also be dep

224、endent,and then state the additional features for which protection is sought.As far as possible,all dependent claims referring back to one or more previous claims must be grouped together in the most appropriate way.4.2.023 As Article 84 requires claims to be concise(a requirement that applies both

225、to the claims in their entirety and to each claim individually),you must keep the number of claims reasonable in consideration of the nature of the invention you wish to protect.You should therefore avoid undue repetition resulting from the use of independent claims in the same category or a prolife

226、ration of dependent claims.4.2.024 You must number your claims consecutively in Arabic numerals.4.2.025 It is essential to formulate your claims clearly,as they define the matter that you want to protect.The wording you use in claims must leave no doubt as to their meaning and scope,and you must avo

227、id any inconsistencies between the description and the claims.Art.84 R.43 GL F-IV,1 R.43(1)GL F-IV,2 R.43(3)GL F-IV,3.4,3.7,3.8,4.5 R.43(2)R.43(3),(4)GL F-IV,3.4-3.6 R.43(5)GL F-IV,5 R.43(5)Art.84,69 GL F-IV,4.1 GL F-IV,4.2-4.9 35 The scope defined by the claims must be as precise as the invention a

228、llows.As a general rule,claims which attempt to define the invention in terms of the result to be achieved are not allowed.Where the invention relates to a chemical product,it may be defined by its chemical formula or as a product of a process or,exceptionally,in terms of its parameters.Furthermore,

229、references to the description or drawings,particularly in the form of as described in part.of the description or as illustrated in figure.of the drawings,are not allowed unless they are absolutely indispensable.4.2.026 However,in a European patent application containing drawings,reference signs link

230、ing the claims to the drawings should be placed in brackets after the technical features mentioned in the claims if this makes the claims easier to understand.Reference signs are not to be construed as limiting the claims.4.2.027 In exceptional circumstances,a European patent application or patent m

231、ay include separate sets of claims for specific designated states(see point 4.2.039).Claims incurring fees 4.2.028 If your European patent application comprises more than 15 claims,you must pay a claims fee in respect of each claim over and above that number.For the 51st and each subsequent claim th

232、e amount of the claims fee is higher.You must pay claims fees within one month of filing the first set of claims.If your application includes several sets of claims(see point 4.2.039),a fee is payable only in respect of each claim beyond the 15th in the set that contains the highest number of claims

233、.If you fail to pay the fees in due time,you may still validly pay them within a non-extendable period of one month after being notified of your failure to observe the time limit.If you do not pay the fees within this period,the claims for which you have not paid the fees are deemed to be abandoned,

234、and you are notified accordingly(but see point 5.10.007).4.2.029 If your application contains more than 15 claims at the time of grant,claims fees are payable at this stage if they have not already been paid.If you do not pay them in due time,your application is deemed to be withdrawn(see points 5.4

235、.011,5.4.014).Drawings 4.2.030 The requirements governing the representation of your invention in the drawings are set out in Article 1 of the EPO Presidents decision dated 25 November 2022 on the presentation of application and other documents.Reference signs not mentioned in the description and cl

236、aims must not be used in the drawings,GL F-IV,4.10-4.16 R.43(6)GL F-IV,4.17 R.43(7)GL F-IV,4.18 Art.139 R.138 GL H-III,4 R.45(1),(2)GL A-III,9 Art.2(1),item 15,RFees R.45(2),(3),112(1)GL A-III,9 R.71(4)GL C-V,1.4 GL A-IX GL F-II,5 OJ EPO 2022,A113 36 and vice versa.The same features,when denoted by

237、reference signs,must be denoted by the same signs throughout the application.4.2.031 Drawings must not contain text matter except,when absolutely indispensable,keywords such as water,steam,open,closed,section on AB and,on electric circuits and block schematics or flow sheet diagrams,short catchwords

238、 indispensable for understanding.Any such keywords must be placed in such a way that they can be replaced by their translations without interfering with any lines of the drawings.4.2.032 Flow sheets and diagrams are considered to be drawings.4.2.033 Good-quality drawings are very important for the c

239、orrect disclosure of the invention.If the drawings are unreadable,pletely black,you may not be allowed to file better-quality drawings at a later stage,disclosing more details than those originally filed.Although the EPC has no express provisions for photographs,they are nevertheless allowed.Colour

240、photographs are scanned and made available in the electronic file in black and white.If you file the application in electronic form,you have the advantage that the original quality of the drawings will be available to the EPO,which in many cases may prevent you from receiving a deficiency communicat

241、ion.Abstract 4.2.034 The abstract merely serves for use as technical information.It may not be taken into account for any other purpose,such as interpreting the scope of the protection sought or applying Article 54(3).It must be so drafted that it constitutes an efficient instrument for searching in

242、 the particular technical field and for evaluating whether it is worth considering the whole content of the application.4.2.035 The abstract,which must be preceded by the title of the invention,must contain a concise summary(preferably no more than 150 words long)of the disclosure as contained in th

243、e description,claims and drawings.It should indicate the technical field to which the invention relates,unless that is already clear from the title,and should be so drafted as to allow a clear understanding of the technical problem,the gist of the solution of that problem through the invention and t

244、he principal use of the invention.4.2.036 If your application contains drawings,you must indicate the figure or,exceptionally,figures which you suggest should accompany the published abstract.In this case each main feature mentioned in the abstract and illustrated in the drawing must be followed by

245、the corresponding reference sign in parentheses.4.2.037 The definitive content of the abstract is determined by the examiner(see point 5.2.014).Once the abstract has been published as part of the European patent application(see point 5.3.001),it is not amended again.GL A-IX,8 GL A-IX,1 Art.123(2)GL

246、A-III,3.2 GL A-V,2.1 GL A-IX,1.2 Art.85 R.47(5)GL F-II,2.1 R.47(1)-(3)GL F-II,2.3 R.47(4)GL A-III,10.3 R.66 GL A-III,10.2 GL F-II,2.2,2.7 37 Prohibited matter 4.2.038 Your application must not contain statements or drawings that are contrary to ordre public or morality.Nor should it contain statemen

247、ts disparaging the products or processes of any third party,or the merits or validity of any third partys applications or patents.Mere comparisons with the prior art are not considered disparaging per se.Furthermore,no statements should be made which are obviously irrelevant or unnecessary under the

248、 circumstances.Unitary character of European patent applications and patents 4.2.039 European patent applications and European patents have a unitary character,which means that the text and any drawings are uniform for all designated contracting states.The exceptions to this principle are as follows

249、:(a)If the EPO is informed of the existence of a prior right under Article 139(2),the European patent application or patent may,for such state or states,contain different claims and,if the examining division considers it necessary,different descriptions and drawings.(b)If it is adjudged by a final d

250、ecision that a third party is entitled to be granted a European patent in respect of only one part of the matter disclosed in the European patent application,the original European patent application must,for the designated states in which the decision was taken or recognised,contain claims,descripti

251、ons and drawings which,where necessary,are different from those for the other designated contracting states.4.2.040 National rights of earlier date do not form part of the state of the art for the purposes of the EPOs examination for patentability(see point 3.3.003,last paragraph).However,during sub

252、stantive examination(see point 5.4.019)or opposition proceedings(see point 5.5.005)you may,on your own initiative,submit separate claims for each designated contracting state in which an earlier national right exists,provided that you supply evidence of its existence to the examining or opposition d

253、ivision as appropriate.In such cases the examining or opposition division examines only the admissibility of the separate claims;it does not have to judge whether you have adequately limited the scope of your application in relation to the earlier national right.What it does examine,however,is wheth

254、er the invention identified in the separate claims meets the patentability requirements of the EPC.R.48 GL A-III,8 GL F-II,7 Art.118 GL H-III,4 R.138 GL H-III,4.1,4.2 R.18 GL H-III,4.3 GL H-III,4.4 38 4.3 Filing European patent applications Where and how to file 4.3.001 You can file European patent

255、applications in electronic form using the EPO Online Filing software,which can be obtained from the EPO free of charge(see epo.org).Filings using this software may be made online or on electronic data carriers admitted by the EPO.Alternatively,you may use the web-based Online Filing 2.0,the EPO Web-

256、Form Filing service or the EPO Contingency Upload Service,which are also provided free of charge via the EPO website(epo.org).Links to the online filing services are given in Annex III.If you use Online Filing,you can also file European patent applications in electronic form with the competent natio

257、nal authorities of the contracting states which so permit.Divisional applications must,however,be filed with the EPO direct.4.3.002 The EPOs electronic filing services have a number of advantages.They offer a secure,reliable and efficient way of filing applications with the EPO.They enable fully ele

258、ctronic handling of filings,save you time and paper-handling costs and provide you with an instant acknowledgement of receipt.A further benefit of electronic filing is that the original quality of the documents is maintained.In addition,for applications filed in electronic form with either the EPO o

259、r a competent national authority,the filing fee is reduced.In the event of the unavailability of,or a general breakdown in,any of the means of electronic communication permitted by the President of the EPO,the general safeguards under the EPC apply.On the EPO website you will find more information r

260、egarding the other online services provided by the EPO,including Central Fee Payment,MyFiles and the Mailbox service.4.3.003 You can also file European patent applications in person or by postal services (a)with the EPO in Munich,its branch at The Hague or its sub-office in Berlin,but not at its sub

261、-offices in Vienna and Brussels(b)with the central industrial property office or other competent authority of a contracting state if the law of that state so permits or prescribes(with the exception of divisional applications)If you decide not to file online,the EPOs addresses are given in Annex III

262、.The addresses of the national patent authorities and national provisions of the contracting states governing compulsory or optional filing of European patent applications with such authorities are given in National law relating to the EPC(see point 2.1.004).GL A-II,1.2.2 OJ EPO 2023,A48 OJ EPO 2022

263、,A70 Art.76(1)R.134(1)OJ EPO 2020,A120 Art.75 R.35 GL A-II,1.1 OJ EPO 2018,A18 OJ EPO 2017,A11 39 4.3.004 You cannot file European patent applications with the EPO by email.4.3.005 If you file on paper,the quality of the documents may be reduced.As the EPO uses an optical character recognition syste

264、m to capture European patent applications for printing,you are urged to use a machine-readable typeface for your applications(see point 4.2.005).Date of filing 4.3.006 The date of filing accorded to applications filed in electronic form(using the EPO Online Filing software,EPO Online Filing 2.0,the

265、EPO Web-Form Filing service or the EPO Contingency Upload Service)or sent by post is the date on which the application documents are received at the EPO,provided the documents comply with the requirements of Article 80 and Rule 40(see point 5.2.001).Where applications are filed in person at the EPO,

266、the corresponding date is the date on which they are handed in or posted in one of the EPOs automated mailboxes,which are available in Munich(PschorrHfe building only,Zollstrasse)and Berlin.The above rules similarly apply to applications filed with the competent national authorities of the contracti

267、ng states.Acknowledgement of receipt 4.3.007 Receipt of documents filed online using the EPO Online Filing software is acknowledged electronically during the submission session.If you file on electronic data carriers admitted by the EPO,receipt is acknowledged by post.Similarly,receipt of documents

268、filed via EPO Online Filing 2.0 is acknowledged electronically by the EPO via an acknowledgement of receipt.Receipt of documents filed via the EPO Web-Form Filing service is acknowledged electronically via an acknowledgment of receipt on the website once the files have been transferred.You can also

269、request to have acknowledgement of receipt sent to you by email.The receipt of documents filed using the EPO Contingency Upload Service is confirmed electronically by the EPO in the service.An acknowledgement of receipt is also sent separately in accordance with the provisions governing the filing o

270、f documents on paper.The acknowledgements of receipt provided by the EPOs online filing tools also inform you of the European patent application number.If you file your application on paper,the authority with which you file it acknowledges receipt without delay by sending you page 9 of GL A-II,1.3 O

271、J EPO 2000,458 OJ EPO 2022,A113 OJ EPO 1993,59 OJ EPO 2023,A48 Art.80 R.40 GL A-II,1.1 OJ EPO 2018,A18 OJ EPO 2017,A11 R.35(2)GL A-II,3.1 OJ EPO 2023,A48 40 the request for grant,on which it notes the date it received the application documents and the number of the application.Applications filed wit

272、h national authorities and forwarded to the EPO 4.3.008 When you file a European patent application on paper with a national authority,the national authority issues the receipt for documents(page 9 of the request for grant).After checking the application for security or for other national requiremen

273、ts,it then forwards it to the EPO.The EPO then notifies you accordingly,indicating the date of receipt at the EPO,by sending you a copy of the receipt for documents(page 9 of the request for grant).You are also sent an acknowledgement of receipt from the national authority concerned if you file Euro

274、pean patent applications electronically with any of the national authorities that so permit.If you do not receive this acknowledgement,please contact the national authority.If the national authority withholds your European application on account of the above-mentioned national requirements,you may p

275、ursue it as a national application.4.3.009 In the very rare event that your application fails to reach the EPO before the end of the fourteenth month after filing or after the earliest priority date,it is deemed to be withdrawn,and any fees that you have paid are refunded.The EPO notifies you accord

276、ingly,and you can then convert your European patent application into a national application.You must file the request for conversion with the central industrial property office of the contracting state in which you filed the application,and you must do so within three months after receiving notifica

277、tion from the EPO.For more details see National law relating to the EPC(see point 2.1.004).Fees 4.3.010 The following basic fees are payable in respect of a European patent application:(a)filing fee and any additional fee for the 36th and each subsequent page of the application(see point 4.3.014)(b)

278、search fee(c)claims fee in respect of the 16th and each subsequent claim(where appropriate)(see points 4.2.028,4.2.029)(d)designation fee(see points 4.3.015,5.3.004)R.35(3),(4)GL A-II,3.2 Art.77,135(1)(a)R.37,112(1)GL A-II,1.6,3.2 Art.135(2)R.155(1)GL A-IV,6 Art.2 RFees GL A-X 41(e)extension fees(on

279、e for each extension state,see point 2.5.001)(f)validation fees(one for each validation state,see point 2.5.001)(g)examination fee(see points 4.3.015,5.3.004,5.4.002)(h)fee for grant and publishing(see point 5.4.011)(i)renewal fees in respect of the third and each subsequent year(see points 5.9.001-

280、5.9.006)Further fees may fall due in the course of the proceedings.4.3.011 After filing the application you must pay the filing fee(and any additional fee)and the search fee(as well as any claims fees,where claims were filed together with the application)within one month of the date of filing.If you

281、 file the claims after the date of filing,any claims fees must be paid within one month of filing the first set of claims(see points 4.2.026,5.2.002).You must pay the designation fee(and any extension and/or validation fees)within six months of the date on which the European Patent Bulletin mentions

282、 publication of the European search report.The examination fee is payable within the same period.An overview of important deadlines for filing a European patent application,including deadlines for the payment of fees,is contained in Annex IV to this Guide.4.3.012 The EPO will not send you invoices o

283、r reminders to pay these fees in due time.If you receive invoices,please check their origin carefully.4.3.013 If you fail to pay the filing and search fees in due time,your European patent application is deemed to be withdrawn(but see points 4.3.016 and 5.10.007).If you fail to pay the designation o

284、r examination fee in due time,the application is deemed to be withdrawn(but see points 4.3.016 and 5.10.007).If you fail to pay the extension fee in due time,the request for extension to this state is deemed to be withdrawn(but see point 4.3.016).The same applies to payment of the validation fee and

285、 the request for validation(but see point 4.3.016).4.3.014 An additional fee as part of the filing fee is payable for European patent applications comprising more than 35 pages.The amount of the additional fee depends on the number of pages over 35 and is calculated on the basis of the pages of the

286、description,claims,any drawings and one page for the abstract,in the language of filing.The language reduction under Rule 6(3)applies if you as an applicant fulfil the relevant requirements(see point 4.1.009).The pages of the request for grant form(EPO Form 1001)are not counted,nor are any pages for

287、ming part of a sequence listing,provided that it complies with WIPO Standard ST.26(see point Art.78(2)R.38,45(2)GL A-III,9,13.1,13.2,15 GL A-X,5.2.1 Art.79(2),94(1)R.39 GL A-X,5.2.2 GL A-III,11.2.1,12.2 R.70(1)GL A-X,5.2.2 GL C-II,1 OJ EPO 2023,A55 Art.78(2)GL A-III,13.1 R.39(2)GL A-III,11.2.3,12.2

288、Art.2(1),item 1a,RFees GL A-III,13.2 42 4.2.010).The additional fee is payable within one month of the date of filing.If the application is filed without claims or by reference to a previously filed application,the additional fee is payable within one month of filing of the first set of claims or th

289、e certified copy of the previously filed application(see points 4.1.022 and 5.2.002).4.3.015 In the case of European divisional applications(see points 5.8.001-5.8.005),you must pay the filing fee,any additional fee for pages over 35 and the search fee(and any claims fees)within one month of filing.

290、An additional fee is payable as part of the filing fee for divisional applications of second or subsequent generations.The amount of the fee depends on the generation to which the newly filed divisional application belongs.Renewal fees which have fallen due in the parent application must also be pai

291、d for the divisional application.The period for payment of these fees is four months after the date of receipt of the divisional application.If you fail to pay the renewal fees due,they can still be paid within six months of the date of receipt of the divisional application,provided that a surcharge

292、 of 50%of the renewal fees is paid.You must pay the examination fee,the designation fees and any extension and/or validation fees within six months of the date on which the European Patent Bulletin mentions publication of the European search report on the divisional application(see point 4.3.011).4.

293、3.016 You should note that,if you fail to observe the above-mentioned time limits for payment of the filing fee,additional fee(s),the search fee,the designation fee or the examination fee,further processing is available within two months of notification of a communication of loss of rights under Rul

294、e 112(1).To request further processing you must pay the outstanding fee(s)and the prescribed fee for further processing(see point 5.10.007).If you fail to pay the extension or validation fee in due time,the request for extension or validation in respect of the state concerned is deemed to be withdra

295、wn.The EPO will not send a communication to that effect.However,the extension or validation fee can still be paid with a 50%surcharge within a period of two months of expiry of the basic period for payment.If a loss of rights has occurred due to non-payment of the designation fee,you will be informe

296、d of this in a communication noting the loss of rights under Rule 112(1).Together with the designation fee and the fee for further processing you will have the opportunity to pay any extension or validation fee within two months from notification of said communication together with a 50%surcharge on

297、 the respective extension or validation fee(s).R.36(3),38(4)Art.2(1),item 1b,RFees GL A-IV,1.4.1 Art.86(1)R.51(3)GL A-IV,1.4.3 R.39(1),70(1)Art.121 R.112(1),135(1)GL E-VIII,1.9,2 GL A-III,12.2 43 Fee amounts and payment methods 4.3.017 Fee amounts,payment methods and effective payment dates are gove

298、rned by the Rules relating to Fees(RFees)and by measures adopted by the President of the EPO implementing certain provisions of those Rules.Guidance on fee payment is published in each issue of the EPOs Official Journal and on the EPOs website at epo.org,so you should consult the latest issue to fin

299、d out the current situation.Fees due to the EPO,including those for a European patent application filed with a national authority,must be paid in euros direct to the EPO.You can do this by paying them into or transferring them to the bank account held by the EPO,by debiting a deposit account you hav

300、e opened with the EPO,or by means of a credit card.Introduced on 11 September 2021,a new central service called Central Fee Payment provides users with a unique gateway for paying fees and claiming refunds across the entire patent grant procedure and via all permitted payment methods.4.3.018 The fol

301、lowing advice and recommendations on paying fees to the EPO should be noted:(a)Depending on how you pay,the deemed date of payment is the day on which the amount of the payment or transfer is actually credited to the bank account held by the EPO,or the order to debit a deposit account is received at

302、 the EPO,provided the deposit account contains sufficient funds,or the credit card transaction is approved by the contracting bank or other financial institution(acquirer),i.e.generally immediately.(b)If you can prove to the EPO that:in a contracting state,within the relevant period for payment you

303、effected the payment through a banking establishment,or you duly gave an order to a banking establishment to transfer the relevant amount you will be considered to have observed the period for payment even if the amount paid is received by the EPO after expiry of the period for payment.The EPO may r

304、equest you to produce evidence of the date on which you took one of the actions listed above within a period which it specifies.If you fail to comply with this request,or if Art.2,5,7 RFees Arrangements for deposit accounts(ADA)GL A-X GL A-X,2,3 ADA OJ EPO 2022,A18,A81 OJ EPO 2017,A72 Art.7 RFees GL

305、 A-X,4 Art.7(3)RFees Art.7(4)RFees 44 you produce insufficient evidence,the period for payment is considered not to have been observed.(c)If you pay fees through a banking establishment,the following account with the Commerzbank in Germany is available for payments and transfers:IBAN DE20 7008 0000

306、0333 8800 00 BIC DRESDEFF700 Commerzbank AG Leopoldstrasse 230 80807 Mnchen Germany(d)The EPO only accepts debit orders filed in an electronically processable format(XML).Debit orders submitted in any other way,e.g.on paper,by fax,via the EPO Web-Form Filing service,using the EPO Contingency Upload

307、Service or using a different format such as a PDF attachment or the annotation field in the online forms,are invalid and thus will not be carried out.For more information on paying fees online,e.g.via Central Fee Payment or MyEPO Portfolio,go to Online services on the EPO website(epo.org).(e)If you

308、are an EPO deposit account holder,you also have the option of issuing an automatic debit order,which must likewise be filed in an electronically processable format and individually for every application.If an automatic debit order is filed in due time,any fee which must be paid in respect of your ap

309、plication within a time limit will be debited on the last day of that time limit unless special provisions apply.For more information,see the latest issue of the Arrangements for deposit accounts(ADA)and their annexes A.1 and A.2 on the EPO website(epo.org).Payment by deposit account,using either an

310、 individual debit order or the automatic debiting procedure,reduces the risk of late payment and possible extra costs resulting therefrom.Refund of fees 4.3.019 In principle,validly paid fees are not refunded except where specifically provided for(see also points 4.3.009,5.4.002,5.4.014).There are t

311、wo conditions for a fee payment to be fully valid:(i)the payment must relate to proceedings that are pending;and(ii)the date of payment must be on or after the due date and before expiry of the respective time limit.The examination fee is refunded in full if the European patent application is withdr

312、awn,refused or deemed to be withdrawn before substantive examination has begun.OJ EPO 2022,A81 Point 7.1.2,7.1.3 ADA Point 14 ADA ADA,Annexes A.1 and A.2 GL A-X,4.3 GL A-X,5.1.1,10.1 Art.11(a)RFees GL A-VI,2.5 45 The examination fee is refunded at a rate of 50%if the European patent application is w

313、ithdrawn after substantive examination has begun but before expiry of the time limit for replying to the first invitation under Article 94(3)EPC issued by the examining division proper or,if no such invitation has been issued by the examining division,before the date of the communication under Rule

314、71(3)EPC(see point 5.4.002).Similarly,the search fee paid for a European search is refunded in full if the European patent application is withdrawn,refused or deemed to be withdrawn before the EPO has started drawing up the search report.The European search fee is refunded in full or in part if the

315、European search report can be based on an earlier search report already prepared by the EPO on a national,European or international application whose priority is claimed or,in the case of divisional applications,where the search report is based on an earlier search report prepared by the EPO on the

316、parent application.Refund of the search fee can be requested by selecting the corresponding option in the Fee tab of Online Filing or Online Filing 2.0,or by crossing the box in section 40 of the paper request for grant form(see also point 5.8.005).The designation fee falls due on the date on which

317、the publication of the European search report is mentioned in the European Patent Bulletin.It can only be refunded if the European patent application is withdrawn,refused or deemed to be withdrawn before that publication date.After that date the designation fee is deemed to have been validly paid an

318、d can therefore not be refunded.As a general rule,the EPO will make refunds to a deposit account held with it if you have instructed it to do so.Otherwise,it will invite you to claim any refund via its website(fee-payment.epo.org)and specify a bank account to which the refund is to be credited.4.4 F

319、iling other documents Where and how to file 4.4.001 After you have filed a European patent application,you may file other documents as referred to in Rule 50 EPC with the EPO either electronically(via the EPO Online Filing software,EPO Online Filing 2.0,the EPO Web-Form Filing service or the EPO Con

320、tingency Upload Service)or by hand or by postal services.However,the EPO Web-Form Filing service cannot be used to file authorisations or documents in respect of post-grant or appeal proceedings(see also points 5.5.003,5.6.002 and 5.7.004).Priority documents cannot be filed using the EPO Web-Form Fi

321、ling service or the EPO Contingency Upload Service.Certain procedural acts may be filed electronically using the MyEPO Portfolio service(see point 4.4.002).For subsequently filed documents,it is recommended that you use the electronic filing Art.11(b)RFees Art.9(1)RFees GL A-X,10.2.1 Art.9(2)RFees G

322、L A-X,10.2.1 OJ EPO 2022,A8 R.39(3)GL A-X,5.2.2 OJ EPO 2019,A82 R.50 GL A-VIII,2.5 OJ EPO 2023,A48,A49,A50 46 tools,using EPO Form 1038E.For paper filings,the EPO provides forms which serve either as a prepared acknowledgement of receipt(EPO Form 1037)or as a letter accompanying subsequently filed d

323、ocuments(EPO Form 1038),available for download free of charge from the EPO website(epo.org).Except during oral proceedings,documents may not be filed by email.4.4.002 A new online service called MyEPO Portfolio was launched on 1 June 2022.A secure,web-based online service for parties to proceedings

324、before the EPO,it allows users to view their application portfolios,consult documents in the digital file,receive EPO Mailbox communications and perform procedural acts in response to communications from the EPO.It also provides for a shared area in which you can work on your application documents w

325、ith the examiner.The range of procedural acts which can be performed will be expanded progressively.You can use an EPO smart card or a secure two-factor verification method to access MyEPO Portfolio.4.4.003 If you filed the application with a national authority,you may likewise file all other docume

326、nts relating to the application with that authority,subject to any restrictions under national law,but only until the date on which you receive notification that the EPO has received your application.Once you have received this notification,you must file any documents with the EPO directly.Subsequen

327、tly filed documents replacing parts of the European patent application,i.e.the description,claims or drawings,must also meet the formal requirements of Rule 49 and must be filed in typed form.Signature 4.4.004 With the exception of annexes,any documents filed after filing of the European patent appl

328、ication in grant,post-grant or appeal proceedings must be validly signed.In Online Filing the signature may be in the form of a facsimile signature,a text-string signature or an enhanced electronic signature.The signature on documents filed using EPO Online Filing 2.0,the EPO Web-Form Filing service

329、 or the EPO Contingency Upload Service may take the form of a facsimile signature or a text-string signature.Procedural actions performed in MyEPO Portfolio require a signature in the form of a text string.On paper filings the signature may be a handwritten signature or a reproduction of the filers

330、signature(on faxes).The name and position of that person must be clear from the signature.If the signature is omitted from a document,the EPO will invite the party concerned to sign within a fixed time limit.If signed in due time,the document retains its original date of receipt;otherwise it is deem

331、ed not to have been received.OJ EPO 2023,A49,A50,A59 R.35(4)GL A-II,3.2 R.49,50(1)OJ EPO 2022,A113 GL A-VIII,2.1,2.2 R.2(2),50(3)GL A-VIII,3.1,3.3 OJ EPO 2023,A48,A49 GL A-VIII,3.1 47 Date of receipt 4.4.005 The rules governing the filing of the European patent application set out in point 4.3.006 a

332、pply mutatis mutandis to the filing of other documents.Acknowledgement of receipt 4.4.006 For electronic filings(see point 4.3.007),an acknowledgement of receipt is generated immediately.For paper filings,the EPO acknowledges receipt of subsequently filed items on the forms provided for this purpose

333、 and completed by the applicant(EPO Forms 1037 and 1038).OJ EPO 2021,A42 OJ EPO 2019,A18 OJ EPO 2021,A42 OJ EPO 2019,A18 49 Chapter 5 The European patent grant procedure 5.1 General survey 5.1.001 The European patent grant procedure is an examination procedure beginning with a formalities examination and a mandatory search.The first stage ends with the publication of the European patent applicatio