European patent - Unity of invention

 

According to Rule 44 of the European Patent Convention (EPC) Implementing Regulations (IR)

(1)

Where a group of inventions is claimed in a European patent application, the requirement of unity of invention under Article 82 of the EPC  shall be fulfilled only when there is a technical relationship among those inventions involving one or more of the same or corresponding special technical features. The expression "special technical features" shall mean those features which define a contribution which each of the claimed inventions considered as a whole makes over the prior art.

 

(2)

The determination whether a group of inventions is so linked as to form a single general inventive concept shall be made without regard to whether the inventions are claimed in separate claims or as alternatives within a single claim.

 

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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