GL-PCT F IV 4.18 Reference signs

See ISPE Guidelines 5.11. If there is a large number of different embodiments, only the reference signs of the most important embodiments need be incorporated in the independent claim(s). [Rule 6.2(b); ]

If text is added to reference signs in parentheses in the claims, lack of clarity can arise (Art. 6).

GL-PCT F IV 4.17 References to the description or drawings

See ISPE Guidelines 5.10. [Rule 6.2(a); ]

GL-PCT F IV 4.16 Use claims

The EPO applies the first sentence concerning "use" claims of point GL/ISPE A5.21 of the Appendix to Chapter 5 of the ISPE Guidelines.[GL/ISPE A5.21; ]

Thus a claim in the form "the use of substance X as an insecticide" should not be interpreted as directed to the substance X recognisable (e.g. by further additives) as intended for u

GL-PCT F IV 4.15 The expression "in"

Section F‑IV, 4.15, in the Guidelines for Examination in the EPO applies mutatis mutandis.

GL-PCT F IV 4.14 Definition by reference to use or another entity

Section F‑IV, 4.14, in the Guidelines for Examination in the EPO applies mutatis mutandis.[GL/ISPE 5.37; ]

GL-PCT F IV 4.13 Interpretation of expressions stating a purpose

Section F‑IV, 4.13, in the Guidelines for Examination in the EPO applies mutatis mutandis.[GL/ISPE 5.21; 5.23; ]

For claims directed to a known substance or composition for use in a surgical, therapeutic or diagnostic method, see GL/PCT‑EP

GL-PCT F IV 4.12.1 Product claim with process features

Section F‑IV, 4.12.1, in the Guidelines for Examination in the EPO applies mutatis mutandis.

GL-PCT F IV 4.12 Product-by-process claim

Claims for products defined in terms of a process of manufacture are allowable only if the products as such fulfil the requirements for patentability, i.e. inter alia that they are new and inventive. A product is not rendered novel merely by the fact that it is produced by means of a new process. A claim defining a product in terms of a process is to be construed as a claim to the product as such. The claim may for instance take the form "Product X obtainable by process Y".

GL-PCT F IV 4.11 Parameters

Section F‑IV, 4.11, in the Guidelines for Examination in the EPO applies mutatis mutandis.[GL/ISPE 5.36; ]

For the assessment of novelty of claims containing parameters, see GL/PCT‑EPO G‑VI, 6.

GL-PCT F IV 4.10 Result to be achieved

Section F‑IV, 4.10, in the Guidelines for Examination in the EPO applies mutatis mutandis.[GL/ISPE 5.35; ]

It should be noted that the requirements for allowing a definition of subject-matter in terms of a result to be achieved differ from those for allowing a definition of subject-matter in terms of functional features (see GL/PCT‑EPO F‑IV, 4.22