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In principle, when filing an application the applicant should cite in the description the closest prior art known to him. It may happen that the prior art cited by the
Guidelines for Examination To do this one studies the application (or the patent), the closest prior art and the difference (also from the prior art of which the applicant was actually aware at the time the application was filed. to a known device or process which provides the same or similar effects or is more cost-effective.
Oct 30, 2014 The guidelines set out the practice of the European Patent Office in examination and The first part of this approach is to identify the “closest prior art," usually a and the ability to rely on post-filing data supporting the scope of the claims. Meanwhile, a frequently cited proclamation that “a more efficient
European patent applications filed before 1 April 2009 A?III, 11.3. European patent .. the filing date H?IV, 2.2.7. Closest prior art and its effects on the search B?IV, 2.5 Date of filing or priority date as effective date G?IV, 3. Determining priority
Jan 12, 2017 The critical first step is the determination of the closest
Patent applications can be filed as a first filing, as a priority application, or as a national .. the EPO to satisfy these requirements, because an international application, Establish the objective technical problem in view of the closest prior art. . European patents are granted in a centralized and thus cost-effective and
However, filing documents using the EPO Online Filing software improves the .. application in the light of the closest prior art known to the applicant;. 2.
Jul 6, 2015 claimed invention and prior art in determining the novelty, a vaguer, qualitative yardstick is used effective filing date of the claimed invention. problem on which the invention is based and which arises from the closest prior art .. Similarly, the EPO Guidelines for Examination in the EPO, Part G, Chapter
Scope and Content of the Prior Art: Analogous Art 1798 Closest Prior Art .. .. as a whole would have been obvious before the effective filing date of the claimed invention to . examination guidelines of the European Patent Office (“EPO").
The closest prior art is that which in one single reference discloses the point of view on the day before the filing or priority date valid for the claimed invention.

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March 2018