A European patent application may be filed by any natural or legal person, or any body equivalent to a legal person by virtue of the law governing it (Art. 58 EPC). An application may also be filed either by joint applicants or by two or more applicants designating different Contracting States (Art. 59 EPC).

CLR IV A 3 Where and how applications may be filed

Under Art. 75 EPC a European patent application may be filed with the EPO or, if the law of a Contracting State so permits, (and subject to Art. 76(1) EPC) with the central industrial property office or other competent authority of that State.

CLR IV A 2 Responsibility for formalities examination

Under Art. 16 EPC, the Receiving Section is responsible for the examination on filing and the examination as to formal requirements of European patent applications. It retains responsibility up to the time when the Examining Division becomes responsible for the examination of the European patent application under Art. 94 EPC (R. 10 EPC).

CLR IV A 1 Introduction

The EPO first examines whether a patent application satisfies the requirements for the accordance of a date of filing in accordance with the Implementing Regulations (Art. 80 EPC, Art. 90(1) EPC and R. 40 EPC). Only if an application is accorded a date of filing is the examination as to formal requirements commenced (Art. 90(3) EPC).

CLR IV A Preliminary and formalities examination

1.

Introduction

CLR IV PROCEEDINGS BEFORE THE DEPARTMENTS OF first instance

A. Preliminary and formalities examination

B. Examination procedure

C. Opposition procedure

D. Limitation/revocation

CLR III W 3 The boards' application of the Guidelines in specific cases

Although the boards are not bound by the Guidelines, this does not mean that they do not take them into account or turn to them for inspiration when reaching their decisions. It should be borne in mind that the edition of the Guidelines referred to in the decisions summarised below to illustrate the related case law is that applied by the board in the specific case concerned and not necessarily that currently in force (November 2018 version).

CLR III W 2 Guidelines binding (in principle) on departments of first instance

CLR III W 1 Guidelines not binding on boards

The Guidelines for Examination are not binding on the boards of appeal.

In T 1561/05 the board confirmed that the Guidelines for Examination in the EPO were not binding on the boards of appeal (applying T 162/82, OJ 1987, 533). T 1561/05 of 17 October 2006 is also referred to in J 7/10.

CLR IV A 5 Accordance of a date of filing

CLR IV A 4 Persons entitled to file application