The requirements for whether a patent application may include more than one independent claim in the same category of claim differs in different jurisdictions.
Complications with independent claims may sometimes arise when European patent applications are based on specifications that have been drafted primarily based on requirements in jurisdictions other than Europe.
Understanding European patent practice on the number of independent claims may therefore provide greater certainty with respect to what can be covered by a European patent application.
Can a European patent application contain more than one independent claim in the same claim category (product, process, apparatus or use)?
Yes, but only under specific circumstances.
The specific circumstances are governed by Rule 43(2) of the European Patent Convention (EPC).
What are the specific circumstances in which a European patent application may contain more than one independent claim in the same claim category?
If the subject-matter of the European patent application involves one of the following:
a. a plurality of interrelated products,
b. different uses of a product or apparatus,
c. alternative solutions to a particular problem, where it is inappropriate to cover these alternatives by a single claim.
What is an interrelated product?
The EPO Guidelines for Examination provides that the term “interrelated” (in this context) is interpreted to mean “different objects that complement each other or work together”.
Examples of a plurality of interrelated products include:
- plug and socket
- transmitter – receiver
- intermediate(s) and final chemical product
- gene – gene construct – host – protein – medicament [2].
What is a different use of a product or apparatus?
The EPO Guidelines for Examination provides the following examples of a plurality of different inventive uses of a product or apparatus:
- claims directed to further medical uses when a first medical use is known
- claims directed to the use of compound X for multiple purposes, e.g. for cosmetically fortifying hair and for promoting hair growth.
What is an alternative solution to a particular problem?
The EPO Guidelines for Examination provides the following examples of alternative solutions to a particular problem:
- a group of chemical compounds
- two or more processes for the manufacture of such compounds.
Does Rule 43(2) EPC prejudice unity of invention of a European patent application?
No.
Rule 43(2) EPC explicitly states that this requirement is without prejudice to unity of invention. In other words, the claims are required to meet the requirements of unity of invention regardless of whether the claims fall under the specific circumstances of Rule 43(2) EPC.
How can we help?
As specialists in European patent practice, we can prepare and prosecute European patent applications to help you attempt to maximise the number of independent claims in a European patent application.
Please get in touch with Thomas Measures – Appleyard Lees if you would like to discuss this further.
References:
[1] https://www.epo.org/en/legal/epc/2020/r43.html
[2] https://www.epo.org/en/legal/guidelines-epc/2025/f_iv_3_2.html
