IP Law News

European patent -Form of the publication of European patent applications and European search reports

According to Rule 68 and other regulations of the European Patent Convention (EPC) Implementing Regulations (IR) ,

(1)

European patent - definitive content of the abstract

According to Rule 66 and other regulations of the European Patent Convention (EPC) Implementing Regulations (IR) ,

The abstract shall serve the purpose of technical information only; it may not be taken into account for any other purpose, in particular for interpreting the scope of the protection sought or applying

Upon drawing up the European search report, the European Patent Office shall determine the definitive content of the abstract and  transmit it to the applicant together with the search report. 

 

European patent - Transmittal of the European search report

According to Rule 65 and other regulations of the European Patent Convention (EPC) Implementing Regulations (IR) ,


The European Patent Office shall, in accordance with the Implementing Regulations, draw up and publish a European search report in respect of the European patent application on the basis of the claims, with due regard to the description and any drawings.
 

Immediately after it has been drawn up, the European search report shall be transmitted to the applicant together with copies of any cited documents. 

 

European patent - European search report where the invention lacks unity

According to Rule 64 of the European Patent Convention (EPC) Implementing Regulations (IR),

(1)

European patent - Incomplete search

According to Rule 63 of the European Patent Convention (EPC) Implementing Regulations (IR),

 

 (1)

If the European Patent Office  (EPO) considers that the European patent application fails to such an extent to comply with thie EPC  that it is impossible to carry out a meaningful search regarding the state of the art on the basis of all or some of the subject-matter claimed, it shall invite the applicant to file, within a period of two months, a statement indicating the subject-matter to be searched. 

(2)

European patent - Applications containing a plurality of independent claims

According to Rule 62a of the European Patent Convention (EPC) Implementing Regulations (IR),

(1)

European patent – Bank transfer functionality

As of 14 December 2020 the EPO has added a new functionality to the payment service aimed for facilitating payments by bank transfer.

 

These improvements are an important step towards the goal of providing users with a central service for making and facilitating fee payments, covering all payment methods permitted by the EPO, claiming refunds and managing deposit accounts. The EPO will inform users sufficiently in advance before the final implementation of this central payment service.

Procedure for preparing payments by bank transfer

 

European patent - Extended European search report

According to Rule 62 of the European Patent Convention (EPC) Implementing Regulations (IR),

(1)

The European search report is accompanied by an opinion on whether the application and the invention to which it relates seem to meet the requirements of the European Patent Convention, unless a communication under Rule 71, paragraph 1 or 3 of the EPC IR can be issued.

 

European patent - Content of the European search report

According to Rule 61 of the European Patent Convention (EPC) Implementing Regulations (IR),

 (1)

The European search report shall mention those documents, available to the European Patent Office at the time of drawing up the report, which may be taken into consideration in deciding whether the invention to which the European patent application relates is new and involves an inventive step. 

(2)

Each citation shall be referred to the claims to which it relates. Where appropriate, relevant parts of the documents cited shall be identified. 

(3)

European patent - Subsequent designation of the inventor

According to Rule 60 and other rules of the European Patent Convention (EPC) Implementing Regulations (IR),

(1)

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