The claims fees are calculated in accordance with A‑X, 11.2, C‑V, 1.4, C‑V, 4.2, and C‑V, 4.8.1.

GL H III 4.5 Opposition proceedings where the claims as granted are different for different contracting states

Where a patent has been granted with different sets of claims for the reasons set out in H‑III, 4.2, to H‑III, 4.4, the proprietor might wish to bring the claims into line either by applying a limitation already introduced for one or more contracting states to the other contracting states or by filing a new single set of claims for all contracting states.

In such a case, the amendments to each different set of claims as granted must separately fulfil the requirem

GL H III 4.4 Different texts where national rights of earlier date exist

National rights of earlier date are not comprised in the state of the art (Art. 54) for the purposes of the EPO examination for patentability. However, under Art. 139(2), national rights of earlier date can be invoked, after the grant of the European patent, in national proceedings as a ground for revocation. These rights represent exceptions to the uniformity of European substantive patent law.

GL H III 4.3.3 Opposition cases with different texts where a transfer of rights by virtue of a final decision pursuant to Art. 61 takes place in examination proceedings

The substance of H‑III, 4.3.2, applies mutatis mutandis (see also D‑I, 6, third paragraph, and D‑VII, 3.2).

GL H III 4.3.2 Different texts where a transfer of the patent in respect of certain designated states takes place in opposition proceedings

Where a third party has, in accordance with Art. 99(4), replaced the previous proprietor for one or some of the designated contracting states (see D‑I, 6, third paragraph), the patent as maintained in opposition proceedings may for those states contain claims, a description and drawings which are different from those for the other designated contracting states (see also D‑VII, 3.2).

GL H III 4.3.1 Different text where a transfer of right takes place pursuant to Art. 61 in examination proceedings

If by a final decision pursuant to Art. 61 it is adjudged that a third party is entitled to the grant of a European patent, the original European patent application must contain, "where appropriate", for the designated contracting states in which the decision was taken or recognised or must be recognised on the basis of the Protocol on Recognition, claims, a description and drawings which are different from those for the other designated contracting states (see also H‑III, 4.1, and

GL H III 4.3 Different text where a transfer of right takes place pursuant to Art. 61 or Rule 78 in respect of certain designated states

4.3.1 Different text where a transfer of right takes place pursuant to Art. 61 in examination proceedings

4.3.2 Different texts where a transfer of the patent in respect of certain designated states takes place in opposition proceedings

GL H III 4.2 Different text in respect of the state of the art according to Art. 54(3) EPC and Art. 54(4) EPC 1973

If the EPO notes that in respect of one or more of the designated contracting states the content of an earlier European patent application forms part of the state of the art pursuant to Art. 54(3), two situations can arise:

(i)the application under examination was pending at the date of entry into force of the EPC 2000 (13 December 2007), or the patent under examination had already been g

GL H III 4.1 Dealing with different texts in examination

If the examining or opposition division considers that the description and drawings are so inconsistent with any set of claims as to create confusion, it will require the applicant or proprietor to amend the description and drawings to remedy this. If the applicant or proprietor voluntarily proposes such an amendment the examining or opposition division will admit it only if it considers this necessary.

GL H IV – Allowability of amendments – Art. 123(2) and (3)

GL H III 5 Calculation of claims fees