Guidelines for Examination
PART C
CHAPTER IV PATENTABILITY
1. General
1.2 Further requirements
 

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PART C
CHAPTER IV PATENTABILITYCHAPTER IV PATENTABILITY
1. General1. General
  1.1 Basic requirements1.1 Basic requirements     1.3 Technical progress, advantageous effects1.3 Technical progress, advantageous effects  
 

1.2

Further requirements

 

In addition to these four basic requirements, the examiner should be aware of the following two requirements that are implicitly contained in the EPC:

 

(i)

the invention must be such that it can be carried out by a person skilled in the art (after proper instruction by the application); this follows from Art. 83. Instances where the invention fails to satisfy this requirement are given in II, 4.11; and

 

Art. 83



(ii)

the invention must be of "technical character" to the extent that it must elate to a technical field (Rule 27(1)(a)), must be concerned with a technical problem (Rule 27(1)(c)), and must have technical features in terms of which the matter for which protection is sought can be defined in the claim (Rule 29(1)) (see III, 2.1).

 

Rule 27(1)(a), (c)

Rule 29(1)