IP Law News

HOW TO REDUCE OR AVOID PAYMENT OF SOME EUROPEAN PATENT OFFICIAL FEES,ADDITIONAL FILING FEE

According to the regulations of the European Patent Convention (EPC),

 

HOW TO REDUCE OR AVOID PAYMENT OF SOME EUROPEAN PATENT OFFICIAL FEES, CLAIMS FEE

According to the regulations of the European Patent Convention (EPC),

A European patent application containing more than 15 claims at the time of filing the claims incurs a claims fee in respect of each claim in excess of that number.
The claims fees must be paid within one month of filing the claims.

The claims may be filed at the following stages:

HOW TO REDUCE OR AVOID PAYMENT OF SOME EUROPEAN PATENT OFFICIAL FEES, CLAIMS FEE

According to the regulations of the European Patent Convention (EPC),

A European patent application containing more than 15 claims at the time of filing the claims incurs a claims fee in respect of each claim in excess of that number.
The claims fees must be paid within one month of filing the claims.

The claims may be filed at the following stages:

EURO -PCT APPLICATION PROVISIONAL PROTECTION

Under Article 67 (1) of the European Patent Convention (EPC) from the date of its publication a European patent application provisionally confers on the applicant such protection as is conferred by Article 64 of the EPC in the European Patent Office (EPO) contracting states designated in the application as published, i.e. the same rights as would be conferred by a national patent granted in those states.

EURO – PCT APPLICATION, DEADLINE FOR ENTRY INTO EUROPEAN PHASE

According to rule 159 of the European Patent Convention (EPC) Implementing Regulations (IR) The deadline for entering the European regional phase is 31 months from the earliest priority date of the International (PCT) application, or from the filing date of the PCT application if no priority is claimed.

INTERNATIONAL (PCT) APPLICATION ENTRY INTO EUROPEAN PHASE – TRANSLATION REQUIREMENTS

According to European Patent Convention (EPC) Regulations, the applicant seeking for a European Patent via PCT route shall within thirty-one months from the date of filing of the application or, if priority has been claimed, from the priority date, supply to the European Patent Office (EPO) the translation of patent application documents into one of the EPO Official languages ( English, French or German) .

What is a Euro-PCT application ?

According to regulations Euro – PCT Application is an international applicatio

EURO – PCT APPLICATION, AMENDMENTS OF THE APPLICATION ON ENTRY INTO EUROPEAN PHASE WITH RESPECT OF AVOIDING SOME EPO OFFICIAL FEES

According to rule 159 of the European Patent Convention (EPC) Implementing Regulations (IR) and other EPO regulations, on entry  of the PCT Application into European phase the applicant has to specify the application documents, as originally filed or as amended, on which the European grant procedure is to be based.

Based on this regulation , on entry into European phase the applicant can make amendments of its patent application.

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