EPC單一性相關法規

Article 82
Unity of invention

The European patent application shall relate to one invention only or to a group of inventions so linked as to form a single general inventive concept. 

歐洲專利申請只能涉及一個發明，或互相關連為單一發明概念的一發明群組

Rule 44
Unity of invention

(1)

Where a group of inventions is claimed in a European patent application, the requirement of unity of invention under Article 82 shall be fulfilled only when there is a technical relationship among those inventions involving one or more of the same or corresponding special technical features. The expression "special technical features" shall mean those features which define a contribution which each of the claimed inventions considered as a whole makes over the prior art.

(2)

The determination whether a group of inventions is so linked as to form a single general inventive concept shall be made without regard to whether the inventions are claimed in separate claims or as alternatives within a single claim. 

1. 歐洲發明申請以群組方式申請，應滿足82條對單一性的要求

2. 單一性判斷應以整體觀之，而非請求項的呈現方式

Single general inventive concept approach (SGIC), which is based on Article 82 EPC.
單一進步概念法

Special technical feature approach (STF), which is based on Rule 44(1) EPC.
特別技術特徵法

Case law on unity

單一性判例法

• In opposition proceedings, the fact that the European patent as granted or amended does not meet the requirement of unity is not relevant (G 1/91).
• As far as chemical compounds are concerned, unity of invention is no mere question of the respective structural features. Account has to be taken of the technical problem to be solved and whether or not the respective compounds contribute to the solution found (W 48/90 and W 50/90).
• The search examiner must provide reasons for the invitation to pay additional search fees (W 4/85).

筆記：
1. 單一性要以解決相同問題做判斷
2. 單一性的目的：提升審查效率, 對所有申請人公平, 可讓人理解的專利撰寫方式, 達到了解專利的公眾利益
3. BOA兩個判斷單一性準則 SGIC, STF