IMPLEMENTING REGULATIONS
TO THE CONVENTION ON THE GRANT
OF EUROPEAN PATENTS
of 5 October 1973
as last amended by Decision of the Administrative Council of the European Patent Organisation
of 9 December 2004
CONTENTS
PART I
IMPLEMENTING REGULATIONS TO PART I OF THE CONVENTION
Chapter I
Languages of the European Patent Office
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R. 1
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Derogations from the provisions concerning the language of the proceedings in written proceedings
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R. 2
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Derogations from the provisions concerning the language of the proceedings in oral proceedings
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R. 4
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Language of a European divisional application
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R. 5
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Certification of translations
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R. 6
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Time limits and reduction of fees
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R. 7
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Legal authenticity of the translation of the European patent application
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Chapter II
Organisation of the European Patent Office
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R. 8
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Patent classification
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R. 9
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Allocation of duties to the departments of the first instance
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R. 10
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Presidium of the Boards of Appeal
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R. 11
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Business distribution scheme for the Enlarged Board of Appeal and adoption of its Rules of Procedure
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R. 12
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Administrative structure of the European Patent Office
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PART II
IMPLEMENTING REGULATIONS TO PART II OF THE CONVENTION
Chapter I
Procedure where the applicant or proprietor is not entitled
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R. 13
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Suspension of proceedings
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R. 14
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Limitation of the option to withdraw the European patent application
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R. 15
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Filing of a new European patent application by the person entitled to apply
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R. 16
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Partial transfer of right by virtue of a final decision
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Chapter II
Mention of the inventor
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R. 17
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Designation of the inventor
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R. 18
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Publication of the mention of the inventor
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R. 19
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Rectification of the designation of an inventor
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Chapter III
Registering transfers, licences and other rights
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R. 20
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Registering a transfer
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R. 21
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Registering of licences and other rights
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R. 22
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Special indications for the registration of a licence
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Chapter IV
Certification of exhibition
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R. 23
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Certificate of exhibition
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Chapter V
Prior European applications
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R. 23a
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Prior application as state of the art
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Chapter VI
Biotechnological inventions
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R. 23b
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General and definitions
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R. 23c
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Patentable biotechnological inventions
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R. 23d
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Exceptions to patentability
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R. 23e
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The human body and its elements
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PART III
IMPLEMENTING REGULATIONS TO PART III OF THE CONVENTION
Chapter I
Filing of the European patent application
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R. 25
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Provisions for European divisional applications
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Chapter II
Provisions governing the application
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R. 27
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Content of the description
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R. 27a
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Requirements of European patent applications relating to nucleotide and amino acid sequences
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R. 28
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Deposit of biological material
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R. 28a
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New deposit of biological material
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R. 29
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Form and content of claims
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R. 31
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Claims incurring fees
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R. 32
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Form of the drawings
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R. 33
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Form and content of the abstract
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R. 35
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General provisions governing the presentation of the application documents
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R. 36
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Documents filed subsequently
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Chapter III
Renewal fees
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R. 37
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Payment of renewal fees
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Chapter IV
Priority
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R. 38
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Declaration of priority and priority documents
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R. 38a
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Issuing priority documents
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PART IV
IMPLEMENTING REGULATIONS TO PART IV OF THE CONVENTION
Chapter I
Examination by the Receiving Section
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R. 39
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Communication following the examination on filing
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R. 40
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Examination for certain physical requirements
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R. 41
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Rectification of deficiencies in the application documents
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R. 42
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Subsequent identification of the inventor
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R. 43
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Late-filed or missing drawings
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Chapter II
European search report
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R. 44
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Content of the European search report
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R. 44a
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Extended European search report
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R. 46
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European search report where the invention lacks unity
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R. 47
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Definitive content of the abstract
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Chapter III
Publication of the European patent application
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R. 48
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Technical preparations for publication
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R. 49
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Form of the publication of European patent applications and European search reports
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R. 50
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Information about publication
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Chapter IV
Examination by the Examining Division
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R. 51
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Examination procedure
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R. 52
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Grant of the European patent to different applicants
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Chapter V
The European patent specification
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R. 53
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Technical preparations for publication and form of the specification of the European patent
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R. 54
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Certificate for a European patent
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PART V
IMPLEMENTING REGULATIONS TO PART V OF THE CONVENTION
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R. 55
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Content of the notice of opposition
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R. 56
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Rejection of the notice of opposition as inadmissible
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R. 57
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Preparation of the examination of the opposition
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R. 57a
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Amendment of the European patent
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R. 58
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Examination of opposition
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R. 59
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Requests for documents
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R. 60
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Continuation of the opposition proceedings by the European Patent Office of its own motion
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R. 61
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Transfer of the European patent
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R. 61a
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Documents in opposition proceedings
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R. 62
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Form of the new specification of the European patent in opposition proceedings
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R. 62a
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New certificate for a European patent
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PART VI
IMPLEMENTING REGULATIONS TO PART VI OF THE CONVENTION
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R. 64
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Content of the notice of appeal
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R. 65
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Rejection of the appeal as inadmissible
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R. 66
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Examination of appeals
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R. 67
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Reimbursement of appeal fees
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PART VII
IMPLEMENTING REGULATIONS TO PART VII OF THE CONVENTION
Chapter I
Decisions and communications of the European Patent Office
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R. 69
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Noting of loss of rights
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R. 70
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Signature, name, seal
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Chapter II
Oral proceedings and taking of evidence
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R. 71
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Summons to oral proceedings
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R. 71a
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Preparation of oral proceedings
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R. 72
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Taking of evidence by the European Patent Office
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R. 73
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Commissioning of experts
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R. 74
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Costs of taking of evidence
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R. 75
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Conservation of evidence
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R. 76
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Minutes of oral proceedings and of taking of evidence
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Chapter III
Notifications
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R. 77
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General provisions on notifications
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R. 78
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Notification by post
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R. 79
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Notification by delivery by hand
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R. 80
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Public notification
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R. 81
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Notification to representatives
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R. 82
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Irregularities in the notification
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Chapter IV
Time limits
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R. 83
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Calculation of time limits
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R. 84
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Duration of time limits
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R. 84a
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Late receipt of documents
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R. 85
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Extension of time limits
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R. 85a
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Period of grace for payment of fees
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R. 85b
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Period of grace for the filing of the request for examination
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Chapter V
Amendments and corrections
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R. 86
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Amendment of the European patent application
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R. 87
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Different claims, description and drawings for different States
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R. 88
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Correction of errors in documents filed with the European Patent Office
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R. 89
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Correction of errors in decisions
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Chapter VI
Interruption of proceedings
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R. 90
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Interruption of proceedings
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Chapter VII
Waiving of enforced recovery procedures
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R. 91
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Waiving of enforced recovery procedures
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Chapter VIII
Information to the public
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R. 92
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Entries in the Register of European Patents
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R. 93
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Parts of the file not for inspection
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R. 94
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Procedures for the inspection of files
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R. 95
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Communication of information contained in the files
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R. 95a
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Constitution, maintenance and preservation of files
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R. 96
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Additional publications by the European Patent Office
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Chapter IX
Legal and administrative co-operation
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R. 97
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Communications between the European Patent Office and the authorities of the Contracting States
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R. 98
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Inspection of files by or via courts or authorities of the Contracting States
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R. 99
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Procedure for letters rogatory
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Chapter X
Representation
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R. 100
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Appointment of a common representative
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R. 102
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Amendment of the list of professional representatives
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PART VIII
IMPLEMENTING REGULATIONS TO PART VIII OF THE CONVENTION
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R. 103
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Information to the public in the event of conversion
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PART IX
IMPLEMENTING REGULATIONS TO PART X OF THE CONVENTION
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R. 104
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The European Patent Office as a receiving Office
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R. 105
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The European Patent Office as an International Searching Authority or International Preliminary Examining Authority
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R. 107
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The European Patent Office as a designated or elected Office - Requirements for entry into the European phase
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R. 108
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Consequences of non-fulfilment of certain requirements
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R. 109
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Amendment of the application
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R. 110
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Claims incurring fees Consequence of non-payment
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R. 111
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Examination of certain formal requirements by the European Patent Office
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R. 112
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Consideration of unity by the European Patent Office
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