GL F V 3.2.3 Dependent claims | XEPC: EPC and PCT resource

A dependent claim and the higher-ranking claim on which it depends cannot be grouped into two different groups of inventions (see F‑V, 2.1).

If, however, the higher-ranking claim appears not to be patentable, then the question of whether there is still an inventive link between all the claims dependent on that higher-ranking claim needs to be carefully considered.

In this context it is important to verify that a claim that is drafted as a dependent claim is in fact a true dependent claim comprising all the features of the corresponding independent claim, see F-IV 3.7. For a definition of a dependent claim, see F-IV, 3.4 and 3.8.

Source: http://www.epo.org/law-practice/legal-texts/html/guidelines/e/f_v_3_2_3.htm

Date retrieved: 17 May 2021

6 references found.

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EPO Guidelines - F The European Patent Application

X GL F General

X GL F IV 3.4 Independent and dependent claims

X GL F IV 3.7 Alternatives in a claim

X GL F IV 3.8 Independent claims containing a reference to another claim or to features from a claim of another category

X GL F V 2.1 Insufficient grounds for lack of unity

X GL F V 3.2 Grouping of inventions

6 references found.

EPO Guidelines - F The European Patent Application

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