GL A IV 4.1.2 The application was filed by reference to a previously filed application

Where the application was filed by reference to a previously filed application in accordance with the procedures described in A‑II, 4.1.3.1, and the previously filed application referred to already satisfied the requirements of Rule 31(1)(b) and (c) on its date of filing, these requirements will also be satisfied in respect of the European application.

If the information on the deposited bio

GL A IV 4.1.1 New deposit of biological material

If biological material deposited according to Rule 31 ceases to be available from the recognised depositary institution, an interruption in availability shall be deemed not to have occurred if:[Rule 34; ]

(i)a new deposit of that material is made in accordance with the Budapest Treaty

GL A IV 4.1 Biological material; deposit thereof

In accordance with Rule 26(3), "biological material" means any material containing genetic information capable of reproducing itself or being reproduced in a biological system.[Rule 26(3); ]

Where in relation to an application concerning biological material an applicant states having deposited in accordance with Rule 31(1)(a) the biological material with a depositary institution recognised for the purposes of

GL A IV 4 Applications relating to biological material

4.1 Biological material; deposit thereof

4.2 Missing information; notification

4.3 Availability of deposited biological material to expert only

4.4 Requests for samples of biological material

GL A IV 3.2 Defects in the certificate or the identification

The Receiving Section acknowledges receipt of the certificate and identification of the invention. The Receiving Section draws the applicant's attention to any manifest defects in the certificate or the identification in case it is possible to rectify the deficiencies within the four-month period allowed. The applicant is notified according to Rule 112(1) if the certificate or identification is not furnished within the time allowed.

GL A IV 3.1 Certificate of exhibition; identification of invention

Where an applicant states when filing an application that the invention which is the subject of the application has been displayed at an official or officially recognised international exhibition falling within the terms of the Convention on international exhibitions, that applicant must file a certificate of exhibition within four months of the filing of the European patent application. The exhibitions recognised are published in the Official Journal.

GL A IV 3 Display at an exhibition

3.1 Certificate of exhibition; identification of invention

3.2 Defects in the certificate or the identification

GL A IV 2.7 Partial transfer of right by virtue of a final decision

If by a final decision it is adjudged that a third party is entitled to the grant of a European patent in respect of only part of the matter disclosed in the European patent application, Art. 61 and Rules 16 and 17 apply to such part.[Rule 18(1); ]

GL A IV 2.6 Refusal of the earlier application

If the third party requests under Art. 61(1)(c) that the earlier application be refused, the EPO must accede to this request. The decision is open to appeal (Art. 106(1)).[Art. 61(1)(c); ]

GL A IV 2.5 Filing a new application

A new European patent application under Art. 61(1)(b) must be filed in paper or electronic form at The Hague, Munich or Berlin offices of the EPO.