EPO Guidelines 2017 with track change

I have prepared an overview of the modified sections of the Guidelines 2017 with track change.

The Guidelines 2017 with track change document (modified sections only) is available in Google Drive - link

(Document is in viewing only mode without any discussion functions or the like, see image below. The link is a Bitly link, in order to have a counter for the clicks.)

A PDF file of the complete Guidelines 2017 with track change is available at the EPO site (link). 

Key changes:

• In "exceptional" cases, the first communication from the examining division can be summons for oral proceedings. The first communication can also be the minutes of a telephone interview. 
• More examples of when the examining division should not admit amended claims into the proceedings. 
• Added paragraphs about claims for a product defined by the result to be achieved. The Guidelines conclude that the claim must state the essential features necessary to achieve the result claimed.
• Extensive new discussion of patentability of user interfaces and (manners of) presentations of information. Includes a paragraph about " Effects relying on human physiology".
• About the closest prior art: " If an argument shows that the claimed invention was obvious over some prior art, this argument cannot be refuted merely by the introduction of another piece of prior art. Prior art on the basis of which the claimed invention is considered non-obvious cannot be "closer" than a document on the basis of which the claimed invention appears obvious. In such a situation, the former does not represent the most promising springboard from which to arrive at the invention "

• No same date priority. Priority can only be claimed for applications filed at least one day earlier.
• In case of re-establishment of rights for (not) carrying out EP entry after PCT with further processing, the Guidelines now state that a re-establishment fee is required for each omitted act separately, e.g. five RE fees (for the filing fee, search fee, designation fee, examination request, and filing translation). 
• Quite a number of editorial changes to add references to oral proceedings before the Legal Division.
• A discussion of how complaints are handled. 
• If you would like to use Rule 56 EPC (missing parts) for a PCT application, you need to do early processing within the two months time limit. 
• Finally a good explanation of what Rule 137(5), first sentence (non-searched subject-matter) means:  " in order to assess whether or not amended claims fulfil the requirements of Rule 137(5), first sentence, the examining division needs to establish first whether or not the subject-matter to which they relate has or should have been searched (see B-III, 3.5) and second whether or not an objection of lack of unity would have been raised if the amended claims had been present in the set of claims on file at the time of the search."

The document is based on the list of modified sections (major amendments only) at: https://www.epo.org/law-practice/legal-texts/html/guidelines2017/e/m.htm

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