IP Law News

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)

Content and form of the new specification of the European patent

According to Rule 87 and other rules of the European Patent Convention (EPC) Implementing Regulations (IR),

The new specification of the European patent shall include the description, claims and drawings as amended.

The President of the European Patent Office (EPO) shall determine the form of the publication of the specification of the European patent and the data to be included.

Transfer of the European patent

According to Rule 85 and Rule 22 of the European Patent Convention (EPC) Implementing Regulations (IR), in case of transfer of European patent during the opposition period or during the opposition proceedings,

(1)

European patent - Continuation of the opposition proceedings by the European Patent Office of its own motion

According to Rule 84 of the European Patent Convention (EPC) Implementing Regulations (IR),

(1)

If the European patent has been surrendered in all the designated EPC Contracting States or has lapsed in all those States, the opposition proceedings may be continued at the request of the opponent filed within two months of a communication from the European Patent Office (EPO) informing him of the surrender or lapse.

Maintenance of the European patent in amended form

According to rule 82 of the European Patent Convention (EPC) Implementing Regulations (IR) ,

(1)

Before the Opposition Division decides to maintain the European patent as amended, it shall inform the parties of the text in which it intends to maintain the patent, and shall invite them to file their observations within two months if they disapprove of that text.

(2)

European patent - Examination of opposition

According to rule 81 of the European Patent Convention (EPC) Implementing Regulations,

(1)

The Opposition Division shall examine those grounds for opposition which are invoked in the opponent's statement (of the extent to which the European patent is opposed and of the grounds on which the opposition is based, as well as an indication of the facts and evidence presented in support of these grounds).

Amendment of the European patent

According to Rule 80 of the European Patent Convention (EPC) Implementing Regulations (IR), without prejudice to Rule 138 , of the EPC IR (regulating different claims, description and drawings for different States) the description, claims and drawings in one European patent application may be amended, provided that the amendments are occasioned by a ground for opposition under Article 100 of the EPC , even if that ground has not been invoked by the opponent.

 

The Opposition may only be filed on the grounds that:

(a)

CATL has unveiled new Qilin EV battery with incredible specifications

CATL the Chinese battery manufacturing giant and Tesla partner has in June 2022 unveiled  the third generation of its cell-to-pack (CTP) battery technology which the company claims can deliver “1,000 km in a breeze”, and boasts fast battery charging in only 10 minutes.

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