IP Law News

EUROPEAN PATENT – CONTENT AND FORM OF THE AMENDED EUROPEAN PATENT SPECIFICATION

According to Rule 96 and other regulations of the European Patent Convention (EPC) Implementing Regulations (IR)

EUROPEAN PATENT – DECISION ON THE REQUEST FOR REVOCATION OR LIMITATION

According to Rule 95 of the European Patent Convention (EPC) Implementing Regulations (IR)
(1)
If a request for revocation is admissible, the Examining Division shall revoke the patent and communicate this to the requester.
(2)

EUROPEAN PATENT – REJECTION OF THE REQUEST FOR LIMITATION OR REVOCATION AS INADMISSIBLE

According to Rule 94 and other regulations of the European Patent Convention (EPC) Implementing Regulations (IR)

 

If the Examining Division finds that the request for limitation or revocation fails to comply with the requirements of Rule 92 of the EPC IR i.e. does not contain:

particulars of the proprietor of the European patent making the request (the requester) and an indication of the EPC Contracting States for which the requester is the proprietor of the patent;

EUROPEAN PATENT – REJECTION OF THE REQUEST FOR LIMITATION OR REVOCATION AS INADMISSIBLE

According to Rule 94 and other regulations of the European Patent Convention (EPC) Implementing Regulations (IR)

 

If the Examining Division finds that the request for limitation or revocation fails to comply with the requirements of Rule 92 of the EPC IR i.e. does not contain:

particulars of the proprietor of the European patent making the request (the requester) and an indication of the EPC Contracting States for which the requester is the proprietor of the patent;

EUROPEAN PATENT – REJECTION OF THE REQUEST FOR LIMITATION OR REVOCATION AS INADMISSIBLE

According to Rule 94 and other regulations of the European Patent Convention (EPC) Implementing Regulations (IR)

 

If the Examining Division finds that the request for limitation or revocation fails to comply with the requirements of Rule 92 of the EPC IR i.e. does not contain:

particulars of the proprietor of the European patent making the request (the requester) and an indication of the EPC Contracting States for which the requester is the proprietor of the patent;

EUROPEAN PATENT – PRESEDENCE OF OPPOSITION PROCEEDINGS

According to Rule 93 and other regulations of the European Patent Convention (EPC) Implementing Regulations (IR)

At the request of the proprietor, the European patent may be revoked or be limited by an amendment of the claims.

The request for limitation or revocation shall be deemed not to have been filed if opposition proceedings in respect of the patent are pending at the time of filing the request.

European patent - Requirements of the request for limitation or revocation

According to Rule 92 and other rules of the European Patent Convention (EPC) Implementing Regulations (IR),


(1)

The request for limitation or revocation of a European patent shall be filed in writing in one of the official languages of the European Patent Office (EPO). It may also be filed in an official language of a Contracting State, provided that a translation is filed

European patent - Procedure for limitation or revocation

Subject of proceedings

According to Rule 90 and other rules of the European Patent Convention (EPC) Implementing Regulations (IR),

The subject of limitation or revocation proceedings shall be the European patent as granted or as amended in opposition or limitation proceedings before the European Patent Office (EPO)..

European patent -Intervention of the assumed infringer

 

According to Rule 89 and other rules of the European Patent Convention (EPC) Implementing Regulations (IR),

(1)

Notice of intervention shall be filed within three months of the date on which opposition proceedings are instituted.

(2)

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