Einde inhoudsopgave
Implementing Regulations to the European Patent Convention
Rule 57 Examination as to formal requirements
Geldend
Geldend vanaf 01-02-2023
- Bronpublicatie:
13-10-2022, Trb. 2023, 94 (uitgifte: 04-08-2023, regelingnummer: CA/D 10/22)
- Inwerkingtreding
01-02-2023
- Bronpublicatie inwerkingtreding:
13-10-2022, Trb. 2023, 94 (uitgifte: 04-08-2023, regelingnummer: CA/D 10/22)
- Vakgebied(en)
Intellectuele-eigendomsrecht / Octrooirecht
Internationaal privaatrecht / Bijzondere onderwerpen
If the European patent application has been accorded a date of filing, the European Patent Office shall examine, in accordance with Article 90, paragraph 3, whether:
- (a)
a translation of the application required under Article 14, paragraph 2, under Rule 36, paragraph 2, second sentence, or under Rule 40, paragraph 3, second sentence, has been filed in due time;
- (b)
the request for grant of a European patent satisfies the requirements of Rule 41;
- (c)
the application contains one or more claims in accordance with Article 78, paragraph 1(c), or a reference to a previously filed application in accordance with Rule 40, paragraphs 1(c), 2 and 3, indicating that it replaces also the claims;
- (d)
the application contains an abstract in accordance with Article 78, paragraph 1(e);
- (e)
the filing fee and the search fee have been paid in accordance with Rule 17, paragraph 2, Rule 36, paragraph 3, or Rule 38;
- (f)
the designation of the inventor has been made in accordance with Rule 19, paragraph 1;
- (g)
- (h)
where appropriate, the requirements of Article 133, paragraph 2, have been satisfied;
- (i)
the application meets the requirements laid down in Rule 49, paragraph 1, and the applicable requirements prescribed by the President of the European Patent Office under Rule 49, paragraph 2;
- (j)
the application meets the requirements laid down in Rule 30.