IP Law News

EUROPEAN PATENT – REJECTION OF THE APPEAL AS INADMISSIBLE

According to rule 101 of the European Paten Convention (EPC) Implementing Regulations (IR)

EUROPEAN PATENT – EXAMINATION OF APPEALS

According to rule 100 of the European Paten Convention (EPC) Implementing Regulations (IR) ,

(1)
Unless otherwise provided, the provisions relating to proceedings before the European Patent Office (EPO) department which has taken the decision impugned shall apply to appeal proceedings.

(2)
In the examination of the appeal, the EPO Board of Appeal shall invite the parties, as often as necessary, to file observations, within a period to be specified, on communications issued by itself or observations submitted by another party.

EUROPEAN PATENT – CONTENT OF THE NOTICE OF APPEAL AND THE STATEMENT OF GROUNDS

According to Rule 99 and other regulations of the European Patent Convention (EPC) Implementing Regulations (IR)

EUROPEAN PATENT – APPEAL AGAINST APPOINTMENT AND FIXING OF COSTS

According to Rule 97 and other regulations of the European Patent Convention (EPC) Implementing Regulations (IR)

Each party to the opposition proceedings before the European Patent Office (EPO) shall bear the costs it has incurred, unless the Opposition Division, for reasons of equity, orders, in accordance with the Implementing Regulations, a different apportionment of costs.

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.

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