European patent - Form and content of claims Part 1

According to Rule 43 of the European Patent Convention (EPC) Implementing Regulations (IR) ,

(1)

The claims shall define the matter for which protection is sought in terms of the technical features of the invention. Wherever appropriate, claims shall contain: 

(a)

a statement indicating the designation of the subject-matter of the invention and those technical features which are necessary for the definition of the claimed subject-matter but which, in combination, form part of the prior art; 

(b)

a characterising portion, beginning with the expression "characterised in that" or "characterised by" and specifying the technical features for which, in combination with the features stated under sub-paragraph (a) of this rule , protection is sought.

(2)

Without prejudice to Article 82 of the European Patent Convention (EPC) (regulating the unity of the invention) , a European patent application may contain more than one independent claim in the same category (product, process, apparatus or use) only if the subject-matter of the application involves one of the following:

(a)

a plurality of interrelated products, 

(b)

different uses of a product or apparatus, 

(c)

alternative solutions to a particular problem, where it is inappropriate to cover these alternatives by a single claim. 

(3)

Any claim stating the essential features of an invention may be followed by one or more claims concerning particular embodiments of that invention. 

Prepared by European Patent Registration and Consulting Services
prov. by Lawyers Antevski member of network of ARI INTERNATIONAL Law & Trade from Liechtenstein
 

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