IP Law News

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)

European patent - Exceptions to patentability

According to Rule 28 of the European Patent Convention (EPC) Implementing Regulations (IR),


(1)

Under Article 53(a) of the European Patent Convention (EPC) , European patents shall not be granted in respect of biotechnological inventions which, in particular, concern the following:

European patent - Patentable biotechnological inventions

According to European Patent Convention (EPC) Implementing Regulations (IR),

"Biotechnological inventions" are inventions which concern a product consisting of or containing biological material or a process by means of which biological material is produced, processed or used. 

 

According to Rule 27 of the European Patent Convention (EPC) Implementing Regulations (IR),

European patent - Certificate of exhibition

According to Rule 25 of the European Patent Convention (EPC) Implementing Regulations (IR),

Within four months of filing the European patent application, the applicant shall file the certificate that the applicant or his legal predecessor has displayed the invention at an official, or officially recognised, international exhibition ( falling within the terms of the Convention on international exhibitions signed at Paris on 22 November 1928 and last revised on 30 November 1972), which:

 

(a)

European patent - Special entries for licence registrations

According to Rule 24 of the European Patent Convention (EPC) Implementing Regulations (IR),


 

A licence in respect of a European patent application shall be recorded  
 

(a)
as an exclusive licence if the applicant and the licensee so request; 

 

European patent - Registration of licences and other rights

According to Rule 23 of the European Patent Convention (EPC) Implementing Regulations(IR),

(1)

European patent - Registration of transfers

According to Rule 22 of the European Patent Convention (EPC) Implementing Regulations,

 

(1)

The transfer of a European patent application shall be recorded in the European Patent Register at the request of an interested party, upon production of documents providing evidence of such transfer.

 

(2)

List of the top 25 applicants by number of patent applications at the European Patent Office in 2017.


According to the EPO Annual Report for 2017 this is the list of the top 25 applicants by number of patent applications at the European Patent Office in 2017.

Top 25

  • 1.HUAWEI ….......................... 2308 European patent applications

  • 2.SIEMENS …...........................2 220 European patent applications

European patent - Rectification of the designation of an inventor


 

According to Rule 21 of the European Patent Convention (EPC) Implementing Regulations,

 

(1)

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