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D
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E
How to get a European patent
A. General overview
B. The EPO as a PCT receiving Office
C. The EPO as an International Searching Authority
D. The EPO as an International Preliminary Examining Authority
E. Euro-PCT procedure before the EPO as a designated or elected Office
Annexes
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General
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78
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The objective of the international search is to discover relevant prior art. According to the definition of prior art in the PCT it consists of everything which has been made available to the public anywhere in the world by means of a written disclosure. Prior art is relevant if it is of assistance in determining whether the claimed invention is new and involves an inventive step. This definition of prior art is exclusively valid for the international procedure. This means that during the European phase the EPO applies the criteria applicable under the EPC for determining the relevant prior art.
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Art. 15, 27(5) PCT
R. 33 PCT
OJ 2003, 574
GL/EPO E-IX, 3
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