Implementing Regulations to the European Patent Convention 2000
Print this pageImplementing Regulations to the European Patent Convention 2000 as adopted by decision of the Administrative Council of 7 December 2006
Part I. Implementing Regulations to part I of the convention
Chapter I. General provisions
Rule 2 - Filing of and formal requirements for documents
Rule 3 - Language in written proceedings
Rule 4 - Language in oral proceedings
Rule 5 - Certification of translations
Rule 6 - Filing of translations and reduction of fees
Rule 7 - Legal authenticity of the translation of the European patent application
Chapter II. Organisation of the European patent office
Section 1. General matters
Rule 8 - Patent classification
Rule 9 - Administrative structure of the European Patent Office
Rule 10 - Responsibility of the Receiving Section and the Examining Division
Rule 11 - Allocation of duties to the departments of first instance
Section 2. Organisation of the boards of appeal and the enlarged board of appeal
Rule 13 - Business distribution scheme for the Enlarged Board of Appeal
Part II. Implementing regulations to part II of the convention
Chapter I. Procedure where the applicant is not entitled
Rule 15 - Limitation on withdrawals
Rule 16 - Procedure under Article 61, paragraph 1
Rule 17 - Filing of a new European patent application by the entitled person
Rule 18 - Partial transfer of the right to the European patent
Chapter II. Mention of the inventor
Rule 19 - Designation of the inventor
Rule 20 - Publication of the mention of the inventor
Rule 21 - Rectification of the designation of an inventor
Rule 22 - Registration of transfers
Rule 23 - Registration of licences and other rights
Rule 24 - Special entries for licence registrations
Chapter IV. Certificate of exhibition
Rule 25 - Certificate of exhibition
Chapter V. Biotechnological inventions
Rule 26 - General and definitions
Rule 27 - Patentable biotechnological inventions
Rule 28 - Exceptions to patentability
Rule 29 - The human body and its elements
Rule 31 - Deposit of biological material
Rule 33 - Availability of biological material
Rule 34 - New deposit of biological material
Part III. Implementing regulations to part III of the convention
Chapter I. Filing of the European patent application
Rule 36 - European divisional applications
Rule 37 - Forwarding of European patent applications
Rule 38 - Filing fee and search fee
Chapter II. Provisions governing the application
Rule 42 - Content of the description
Rule 43 - Form and content of claims
Rule 45 - Claims incurring fees
Rule 46 - Form of the drawings
Rule 47 - Form and content of the abstract
Rule 49 - General provisions governing the presentation of the application documents
Rule 50 - Documents filed subsequently
Chapter III. Renewal fees
Rule 51 - Payment of renewal fees
Chapter IV. Priority
Rule 52- Declaration of priority
Rule 54 - Issuing priority documents
Part IV. Implementing regulations to part IV of the convention
Chapter I. Examination by receiving section
Rule 55 - Examination on filing
Rule 56 - Missing parts of the description or missing drawings
Rule 57 - Examination as to formal requirements
Rule 58 - Correction of deficiencies in the application documents
Rule 59 - Deficiencies in claiming priority
Rule 60 - Subsequent designation of the inventor
Chapter II. European search report
Rule 61 - Content of the European search report
Rule 62 - Extended European search report
Rule 62a - Applications containing a plurality of independent claims
Rule 64 - European search report where the invention lacks unity
Rule 65 - Transmittal of the European search report
Rule 66 - Definitive content of the abstract
Chapter III. Publication of the European patent application
Rule 67 - Technical preparations for publication
Rule 68 - Form of the publication of European patent applications and European search reports
Rule 69 - Information about publication
Rule 70 - Request for examination
Chapter IV. Examination by the examining division
Rule 70a - Response to the extended European search report
Rule 70b - Request for a copy of search results
Rule 71 - Examination procedure
Rule 71a - Conclusion of the grant procedure
Rule 72 - Grant of the European patent to different applicants
Chapter V. The European patent specification
Rule 73 - Content and form of the specification
Rule 74 - Certificate for a European patent
Part V. Implementing regulations to part V of the convention
Chapter I. Opposition procedure
Rule 75 - Surrender or lapse of the patent
Rule 76 - Form and content of the opposition
Rule 77 - Rejection of the opposition as inadmissible
Rule 78 - Procedure where the proprietor of the patent is not entitled
Rule 79 - Preparation of the examination of the opposition
Rule 80 - Amendment of the European patent
Rule 81 - Examination of opposition
Rule 82 - Maintenance of the European patent in amended form
Rule 83 - Request for documents
Rule 84 - Continuation of the opposition proceedings by the European Patent Office of its own motion
Rule 85 - Transfer of the European patent
Rule 86 - Documents in opposition proceedings
Rule 87 - Content and form of the new specification of the European patent
Rule 89 - Intervention of the assumed infringer
Chapter II. Procedure for limitation or revocation
Rule 90 - Subject of proceedings
Rule 91 - Responsibility for proceedings
Rule 92 - Requirements of the request
Rule 93 - Precedence of opposition proceedings
Rule 94 - Rejection of the request as inadmissible
Rule 95 - Decision on the request
Rule 96 - Content and form of the amended European patent specification
Part VI. Implementing regulations to part VI of the convention
Chapter I. Appeals procedure
Rule 97 - Appeal against apportionment and fixing of costs
Rule 98 - Surrender or lapse of the patent
Rule 99 - Content of the notice of appeal and the statement of grounds
Rule 100 - Examination of appeals
Rule 101 - Rejection of the appeal as inadmissible
Rule 102 - Form of decision of the Board of Appeal
Rule 103 - Reimbursement of the appeal fee
Chapter II. petitions for review by the enlarged board appeal
Rule 104 - Further fundamental procedural defects
Rule 106 - Obligation to raise objections
Rule 107 - Contents of the petition for review
Rule 108 - Examination of the petition
Rule 109 - Procedure in dealing with petitions for review
Rule 110 - Reimbursement of the fee for petitions for review
Part VII. Implementing regulations to part VII of the convention
Chapter I. Decisions and communications of the European patent office
Rule 112 - Noting of loss of rights
Rule 113 - Signature, name, seal
Chapter II. Observations by third parties
Rule 114 - Observations by third parties
Chapter III. Oral proceedings and taking of evidence
Rule 115 - Summons to oral proceedings
Rule 116 - Preparation of oral proceedings
Rule 117 - Decision on taking of evidence
Rule 118 - Summons to give evidence before the European Patent Office
Rule 119 - Examination of evidence before the European Patent Office
Rule 120 - Hearing by a competent national court
Rule 121 - Commissioning of experts
Rule 122 - Costs of taking of evidence
Rule 123 - Conservation of evidence
Rule 124 - Minutes of oral proceedings and of taking of evidence
Chapter IV. Notifications
Rule 126 - Notification by postal services
Rule 127 - Notification by means of electronic communication
Rule 128 - Notification by delivery by hand
Rule 129 - Public notification
Rule 130 - Notification to representatives
Chapter V. Time limits
Rule 131 - Calculation of periods
Rule 132 - Periods specified by the European Patent Office
Rule 133 - Late receipt of documents
Rule 134 - Extension of periods
Rule 136 - Re-establishment of rights
Chapter VI. Amendments and corrections
Rule 137 - Amendment of the European patent application
Rule 138 - Different claims, description and drawings for different States
Rule 139 - Correction of errors in documents filed with the European Patent Office
Rule 140 - Correction of errors in decisions
Chapter VII. Information on prior art
Rule 141 - Information on prior art
Chapter VIII. Interruption of proceedings
Rule 142 - Interruption of proceedings
Chapter IX. Information to the public
Rule 143 - Entries in the European Patent Register
Rule 144 - Parts of the file excluded from inspection
Rule 145 - Procedures for the inspection of files
Rule 146 - Communication of information contained in the files
Rule 147 - Constitution, maintenance and preservation of files
Chapter X. Legal and administrative cooperation
Rule 149 - Inspection of files by or via courts or authorities of the Contracting States
Rule 150 - Procedure for letters rogatory
Chapter XI. representation
Rule 151 - Appointment of a common representative
Rule 153 - Attorney-client evidentiary privilege
Rule 154 - Amendment of the list of professional representatives
Part VIII. Implementing regulations to part VIII of the convention
Rule 155 - Filing and transmission of the request for conversion
Rule 156 - Information to the public in the event of conversion
Part IX. Implementing regulations to part X of the convention
Rule 157 - The European Patent Office as a receiving Office
Rule 160 - Consequences of non-fulfillment of certain requirements
Rule 161 - Amendment of the application
Rule 162 - Claims incurring fees
Rule 163 - Examination of certain formal requirements by the European Patent Office
Rule 164 - Unity of invention and further searches
Rule 165 - The Euro-PCT application as conflicting application under Article 54, paragraph 3
Text in force at 01-01-2020. The text can be verified at overheid.nl., IP-PorTal.