IP Law News

European patent - Form and content of claims Part 2

According to Rule 43 of the European Patent Convention (EPC) Implementing Regulations (IR) ,

 

 (4)

European patent - Form and content of claims Part 1

According to Rule 43 of the European Patent Convention (EPC) Implementing Regulations (IR) ,


 

(1)

European patent - Content of the description

According to Rule 42 of the European Patent Convention (EPC) Implementing Regulations (IR) ,

(1)

The description in one European patent application shall: 

 

(a)

European patent - Request for grant

According to Rule 41 of the European Patent Convention (EPC) Implementing Regulations (IR) ,

(1)

The request for grant of a European patent shall be filed on a form drawn up by the European Patent Office (EPO). 

 

European patent - Date of filing

European patent -Designation fees

According to Rule 39 of the European Patent Convention (EPC) Implementing Regulations (IR) ,

(1)

The designation fee shall be paid within six months of the date on which the European Patent Bulletin mentions the publication of the European search report. 

 

(2)

Where the designation fee is not paid in due time or the designations of all the EPC  Contracting States are withdrawn, the European patent application shall be deemed to be withdrawn. 

 

European patent - Filing fee and search fee

According to Rule 38 of the European Patent Convention (EPC) Implementing Regulations (IR) ,

(1)
The filing fee and search fee as part of the European Patent Office (EPO) official fees shall be paid within one month of filing the European patent application. 

 

(2)

If the European patent application composes more than 35 pages , for each page exceeding the first  35 pages will be paid additional filling fee of EUR 15,- in accordance with the EPO Rules relating to Fees.

European divisional applications

According to Rule 36  of the European Patent Convention (EPC) Implementing Regulations (IR),

(1)

The applicant may file a divisional application relating to any pending earlier European patent application. 

 

(2)

European patent application filing - General provisions

According to Rule 35 of the European Patent Convention (EPC) Implementing Regulations (IR),

 

(1)

European patent applications may be filed in writing with the European Patent Office in Munich, The Hague or Berlin, or if the law of a EPC Contracting State so permits, with the central industrial property office or other competent authority of that State

 

(2)

European Patent – Regulations about patentabillity of the human body and its elements

According to Rule 29 of the European Patent Convention (EPC) Implementing Regulations (IR),

(1)

The human body, at the various stages of its formation and development, and the simple discovery of one of its elements, including the sequence or partial sequence of a gene, cannot constitute patentable inventions. 

 

(2)

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