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2. Explanatory notes

Overview

2.1 Overview 

The main body of these Guidelines comprises the following eight parts:

Part A:

Guidelines for Formalities Examination 

Part B:

Guidelines for Search 

Part C:

Guidelines for Procedural Aspects of Substantive Examination 

Part D:

Guidelines for Opposition and Limitation/Revocation Procedures 

Part E:

Guidelines on General Procedural Matters 

Part F:

The European Patent Application 

Part G:

Patentability 

Part H:

Amendments and Corrections 

Part A deals with the procedures for formalities examination mainly with regard to grant proceedings. Part B deals with search matters. Parts Part C and Part D relate to procedures to be followed in examination and opposition proceedings, respectively.

Part E deals with general procedural matters relevant to several or all of the stages in procedures before the EPO, including Euro-PCT applications. Part F deals with the requirements which the application must fulfil other than patentability, in particular unity of invention (Art. 82), sufficiency of disclosure (Art. 83), clarity (Art. 84) and the right to priority (Art. 87 to Art. 89). Part G deals with the requirements of patentability provided for in Art. 52 to Art. 57, in particular exclusions from patentability (Art. 52(2) and Art. 53), novelty (Art. 54), inventive step (Art. 56) and industrial application (Art. 57). Part H deals with the requirements relating to amendments and corrections. It relates in particular to questions of admissibility (Rule 80 and Rule 137) and compliance with Art. 123(2) and (3), Rule 139 and Rule 140.

The following notices relating to this and other recent updates have been published in the Official Journal of the European Patent Office:

Re March 2023 update:

Re March 2022 update: 

OJ EPO 2022, A10

Re March 2021 update: 

OJ EPO 2021, A6

Re November 2019 update: 

OJ EPO 2019, A80

Re November 2018 update: 

OJ EPO 2018, A73

Re November 2017 update: 

OJ EPO 2017, A75

Re November 2016 update: 

OJ EPO 2016, A76

Re November 2015 update: 

OJ EPO 2015, A74

Re November 2014 update: 

OJ EPO 2014, A88

Re September 2013 update: 

OJ EPO 2013, 447

Re June 2012 update: 

OJ EPO 2012, 420

Re April 2010 update: 

OJ EPO 2010, 230

Re April 2009 update: 

OJ EPO 2009, 336

Re December 2007 update: 

OJ EPO 2007, 589

Re June 2005 update: 

OJ EPO 2005, 440

Re December 2003 update: 

OJ EPO 2003, 582

Re October 2001 update: 

OJ EPO 2001, 464

Re February 2001 update: 

OJ EPO 2001, 115

Re June 2000 update: 

OJ EPO 2000, 228

Each part of the Guidelines is divided into chapters, each subdivided into numbered sections that may be further divided into subsections. Cross-references to other sections include the relevant letter of that part, followed by the chapter number (a Roman numeral) and then the section or subsection number (thus, e.g. C‑V, 4.6, would be used if it were desired to refer to subsection 4.6 of chapter V of Part C).

Marginal references to articles and rules without further identification indicate the Articles or Rules of the European Patent Convention as the legal basis for what is stated in the text. It is believed that such references avoid the need for extensive quotation from the EPC itself.

Any references to persons made in the Guidelines are to be understood as being gender-neutral.

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