Unsearched subject matter
WebAmendments and unsearched subject-matter. CII: ensuring information is the key to patentability. Therapeutic methods – Article 53(c) EPC. Post-published evidence – a risky game! Experimental data: impact on patentability in medical applications WebMay 9, 2024 · The more simple way is to pursue unsearched subject matter with a divisional application. It probably is cheaper than paying for an appeal and a good Eur. Patent Attorney to prepare and file the appeal. All the above assuming that you wrote correctly Supplementary European Search Report, ...
Unsearched subject matter
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WebMay 18, 2024 · Unsearched subject matter can still be pursued in a divisional application, so this situation is not fatal to prosecuting such subject matter, but this is clearly an added … WebThe procedure for unsearched subject-matter in the context of Rule 137(5) EPC is outlined in H-II, 6. The assessment is carried out such that the amended claims are compared to …
WebAug 31, 2024 · The unsearched subject matter can only be pursued through one or more divisional applications. See Rule 62a(2) EPC: The Examining Division shall invite the applicant to restrict the claims to the subject-matter searched unless it finds that the objection under paragraph 1 was not justified. WebEuropean Patent Convention - This area contains legal texts from the EPO, including the European Patent Convention, Ancillary regulations to the EPC, National law relating to the …
WebAmendments and unsearched subject-matter Rule 137(5) EPC §A valid objection under Rule 137(5) EPC, first sentence, requires both conditions to be met: "unsearched" AND "not single inventive concept" §Unsearched feature (in claim/description) does not necessarily mean unsearched subject-matter in the sense of Rule 137(5) EPC Conclusions WebThe procedure for unsearched subject-matter in the context of Rule 137(5) EPC is outlined in H-II, 6. The assessment is carried out such that the amended claims are compared to the claims originally searched to determine whether a non-unity objection would have been raised at search stage if both claims' sets were present.
WebRule 137 (5) sets out two further conditions for amendments to claims, namely that amended claims may not relate to (i) unsearched subject-matter which does not combine with the originally claimed invention or group of inventions to form a single general inventive concept and (ii) subject-matter not searched in accordance with Rule 62a and Rule ...
WebClaims may also relate in part to subject matter which the ISA is not obliged to search and in part to subject matter which should be searched. This means that Art.17(2)(b) PCT is applied mutatis mutandis to part of a claim, see the example given in S&E-GL 9.37. Excluded subject matter The subject matter which ISAs are not obliged to search is ... drying bread crumbsWebJun 20, 2024 · The EPO has long been famous for its strict approach to added matter. The basic requirement for amendments is set out at Article 123(2) EPC: “The European patent application or European patent may not be amended in such a way that it contains subject-matter which extends beyond the content of the application as filed.” drying bread crumbs for stuffingWebIf there are multiple independent claims that form a single inventive concept and claim 1 relates to subject matter excluded under s.1(2), the examiner is able to search any matter … drying brick textureWebRule 137(5) sets out two further conditions for amendments to claims, namely that amended claims may not relate to (i) unsearched subject-matter which does not combine with the originally claimed invention or group of inventions to form a single general inventive … drying bread cubes for stuffingWebSubject matter that is not searched in the supplementary European search is lost from the application, ... If the lack of unity finding is maintained by the Examining Division then it will not be possible to have unsearched inventions examined in the present application and a divisional application will be required. command prompt commands for windows 11Webunsearched subject matter, a Communication under amended Rule 164(2) EPC is issued. That Communication gives the applicant the EPO relaxes its rules for further searches of Euro-PCT applications November-December 2014 . November – December 2014 www.abelimray.com drying bread for stuffing in ovenWebAmended claims may not relate to unsearched subject-matter which does not combine with the originally claimed invention or group of inventions to form a single general inventive … drying bread in the oven