G 1/06 Invalidity as a result of non-compliance with Article 76(1) EPC on filing a divisional application - no / Amendment to [..]

Headnote

In the case of a sequence of applications consisting of a root (originating) application followed by divisional applications, each divided from its predecessor, it is a necessary and sufficient condition for a divisional application of that sequence to comply with Article 76(1), second sentence, EPC that anything disclosed in that divisional application be directly and unambiguously derivable from what is disclosed in each of the preceding applications as filed.

Cited 48 times

Keywords: Invalidity as a result of non-compliance with Article 76(1) EPC on filing a divisional application - no
Amendment to conform with Article 76(1) EPC - allowable, even if at time of amendment earlier application no longer pending
Content of a member of a sequence of divisional applications must be disclosed in each of the preceding applications in the sequence as filed.
Claims of a member of a sequence of divisional applications need not be directed to subject matter within the scope of the claims of the preceding applications in the sequence as filed.

References: EPC 1973 Art 54(3) / EPC 1973 Art 75(2) / EPC 1973 Art 76(1) / EPC 1973 Art 76(2) / EPC 1973 Art 76(3) / EPC 1973 Art 77(5) / EPC 1973 Art 82 / EPC 1973 Art 96(2) / EPC 1973 Art 97(1) / EPC 1973 Art 100(c) / EPC 1973 Art 102(3) / EPC 1973 Art 112(1)(a) / EPC 1973 Art 113(1) / EPC 1973 Art 123(1) / EPC 1973 Art 123(2) / EPC 1973 Art 138(1)(c) / EPC 1973 Art 138(2) / EPC 1973 R 25(1) / EPC 1973 R 25(2) / EPC 1973 R 51(2) / EPC 1973 R 86(3) / EPC 1973 R 86(4) /

Source: http://archive.epo.org/dg3/bib/g060001.htm

Date retrieved: 8 October 2014

22 references found.

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EPC Articles

EPC Implementing Rules

EPO Guidelines - A Formalities Examination

EPO Guidelines - C Procedureal Aspects of Substantive Examination

EPO Guidelines - G Patentability

EPO Guidelines - H Amendments and Corrections

Offical Journal of the EPO

Case Law Book: II Conditions to be met by an Application

Case Law Book: IV Divisional Applications