(1) The claims shall define the matter for
which protection is sought in terms of the technical features of the invention.
Wherever appropriate, claims shall contain:
(a) a statement indicating the designation
of the subject-matter of the invention and those technical features which are
necessary for the definition of the claimed subject-matter but which, in
combination, form part of the prior art;
(b) a characterising portion, beginning
with the expression "characterised in that" or "characterised
by" and specifying the technical features for which, in combination with
the features stated under sub-paragraph (a), protection is sought.
(2) Without prejudice to Article 82, a European patent application
may contain more than one independent claim in the same category (product,
process, apparatus or use) only if the subject-matter of the application
involves one of the following:
(c) alternative solutions to a particular
problem, where it is inappropriate to cover these alternatives by a single
claim.
(3) Any claim stating the essential
features of an invention may be followed by one or more claims concerning
particular embodiments of that invention.
(4) Any claim which includes all the
features of any other claim (dependent claim) shall contain, if possible at the
beginning, a reference to the other claim and then state the additional
features. A dependent claim directly referring to another dependent claim shall
also be admissible. All dependent claims referring back to a single previous
claim, and all dependent claims referring back to several previous claims,
shall be grouped together to the extent and in the most appropriate way possible.
(5) The number of claims shall be
reasonable with regard to the nature of the invention claimed. The claims shall
be numbered consecutively in Arabic numerals.
(6) Except where absolutely necessary,
claims shall not rely on references to the description or drawings in
specifying the technical features of the invention. In particular, they shall
not contain such expressions as "as described in part ... of the
description", or "as illustrated in figure ... of the drawings".
(7) Where the European patent application
contains drawings including reference signs, the technical features specified
in the claims shall preferably be followed by such reference signs relating to
these features, placed in parentheses, if the intelligibility of the claim can
thereby be increased. These reference signs shall not be construed as limiting
the claim.
(1) European patents shall be granted for
any inventions, in all fields of technology, provided that they are new,
involve an inventive step and are susceptible of industrial application.
(2) The following in particular shall not
be regarded as inventions within the meaning ofparagraph 1:
(c) schemes, rules and methods for
performing mental acts, playing games or doing business, and programs for
computers;
(3) Paragraph 2 shall exclude the
patentability of the subject-matter or activities referred to therein only to
the extent to which a European patent application or European patent relates to
such subject-matter or activities as such.
(1) An invention shall be considered to be
new if it does not form part of the state of the art.
(2) The state of the art shall be held to
comprise everything made available to the public by means of a written or oral
description, by use, or in any other way, before the date of filing of the
European patent application.
(3) Additionally, the content of European
patent applications as filed, the dates of filing of which are prior to the
date referred to in paragraph 2 and which were published
on or after that date, shall be considered as comprised in the state of the
art.
(4) Paragraphs 2 and 3 shall not exclude the patentability of
any substance or composition, comprised in the state of the art, for use in a
method referred to in Article 53(c), provided that its use for
any such method is not comprised in the state of the art.
(5) Paragraphs 2 and 3 shall also not exclude the
patentability of any substance or composition referred to in paragraph 4 for any specific use in a
method referred to in Article 53(c), provided that such use is
not comprised in the state of the art.
Claims
The claims shall define the matter for which
protection is sought. They shall be clear and concise and be supported by the
description.
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