A.55 EPC Non-prejudicial disclosures

(1)
For the application of Article 54, a disclosure of the invention shall not be taken into consideration if it occurred no earlier than six months preceding the filing of the European patent application and if it was due to, or in consequence of:
(a)[ 45 ]
an evident abuse in relation to the applicant or his legal predecessor, or 
(b)
the fact that the applicant or his legal predecessor has displayed the invention at an official, or officially recognised, international exhibition falling within the terms of the Convention on international exhibitions signed at Paris on 22 November 1928 and last revised on 30 November 1972. 
(2)
In the case of paragraph 1(b), paragraph 1 shall apply only if the applicant states, when filing the European patent application, that the invention has been so displayed and files a supporting certificate within the time limit and under the conditions laid down in the Implementing Regulations.
 
[ Art. 100 138 R. 25 159 ]
[ 45 ]
See decisions of the Enlarged Board of Appeal G 3/98, G 2/99 (Annex I).

Source: http://www.epo.org/law-practice/legal-texts/html/epc/2016/e/ar55.html

Date retrieved: 17 May 2021

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EPC Articles

EPC Implementing Rules

EPO Guidelines - A Formalities Examination

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EPO Guidelines - D Opposition and Limitation/Revocation Procedures

EPO Guidelines - E General Procedural Matters

EPO Guidelines - G Patentability

EPO PCT GL - B Search

EPO PCT GL - F (not assigned)

EPO PCT GL - G Patentability

EPO Guide for Applicants, part II Int. - C The EPO as ISA and SISA

Offical Journal of the EPO

Case Law Book: I Patentability

Case Law Book: III Amendments

Case Law Book: V Priority

Case Law of the Enlarged Board

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