Guidelines for Examination
PART C
CHAPTER III CLAIMS
8. Different texts of the patent application in respect of different Contracting States (see also D-VII,...
8.1 Different text in respect of the state of the art according to Art. 54(3) and (4)
 

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PART C
CHAPTER III CLAIMSCHAPTER III CLAIMS
8. Different texts of the patent application in respect of different Contracting States (see also D-VII,...8. Different texts of the patent application in respect of different Contracting States (see also D-VII,...
       8.2 Different text where a partial transfer of right has taken place pursuant to Art. 618.2 Different text where a partial transfer of right has taken place pursuant to Art. 61  
 

8.1

Different text in respect of the state of the art according to Art. 54(3) and (4)

 

If the EPO notes that in respect of one or more of the designated Contracting States the content of an earlier European patent application forms part of the state of the art pursuant to Art. 54(3) and (4) and if this prior art gives rise to different texts of the claims, different sets of claims for the Contracting States concerned may be filed. Different descriptions and drawings will only be required if it is not possible to set out clearly in a common description which subject-matter is to be protected in the different Contracting States, having regard to the appropriate prior art (see also IV, 6.3 and VI, 5.5).

 

Rule 87