IP Law News

Grant of the European patent to different applicants

According to Rule 72 and other regulations of the European Patent Convention (EPC) Implementing Regulations (IR)

 

A European patent application may also be filed either by joint applicants or by two or more applicants designating different EPC Contracting States.

 

European patent - Conclusion of the grant procedure

According to Rule 71a and other regulations of the European Patent Convention (EPC) Implementing Regulations (IR)

(1)

European patent – Examination procedure (Part 2)

According to Rule 71 and other regulations of the European Patent Convention (EPC) Implementing Regulations (IR)

(4)

If the European patent application in the text intended for grant comprises more than fifteen claims, the Examining Division shall invite the applicant to pay claims fees in respect of the sixteenth and each subsequent claim within four months unless the said fees have already been paid.

European patent - Examination procedure (Part 1)

According to Rule 71 and other regulations of the European Patent Convention (EPC) Implementing Regulations (IR)

(1)

In any communication regarding examination of the European patent application, the Examining Division shall, where appropriate, invite the applicant to correct any deficiencies noted and to amend the description, claims and drawings within a period to be specified.

(2)

Any such communication, shall contain a reasoned statement covering, where appropriate, all the grounds against the grant of the European patent.

(3)

European patent - Request for examination

According to Rule 70 and other regulations of the European Patent Convention (EPC) Implementing Regulations (IR)

(1)

The applicant may request examination of the European patent application up to six months after the date on which the European Patent Bulletin mentions the publication of the European search report. The request may not be withdrawn. 

(2)

European patent -Form of the publication of European patent applications and European search reports

According to Rule 68 and other regulations of the European Patent Convention (EPC) Implementing Regulations (IR) ,

(1)

European patent - definitive content of the abstract

According to Rule 66 and other regulations of the European Patent Convention (EPC) Implementing Regulations (IR) ,

The abstract shall serve the purpose of technical information only; it may not be taken into account for any other purpose, in particular for interpreting the scope of the protection sought or applying

Upon drawing up the European search report, the European Patent Office shall determine the definitive content of the abstract and  transmit it to the applicant together with the search report. 

 

European patent - Transmittal of the European search report

According to Rule 65 and other regulations of the European Patent Convention (EPC) Implementing Regulations (IR) ,


The European Patent Office shall, in accordance with the Implementing Regulations, draw up and publish a European search report in respect of the European patent application on the basis of the claims, with due regard to the description and any drawings.
 

Immediately after it has been drawn up, the European search report shall be transmitted to the applicant together with copies of any cited documents. 

 

European patent - European search report where the invention lacks unity

According to Rule 64 of the European Patent Convention (EPC) Implementing Regulations (IR),

(1)

European patent - Incomplete search

According to Rule 63 of the European Patent Convention (EPC) Implementing Regulations (IR),

 

 (1)

If the European Patent Office  (EPO) considers that the European patent application fails to such an extent to comply with thie EPC  that it is impossible to carry out a meaningful search regarding the state of the art on the basis of all or some of the subject-matter claimed, it shall invite the applicant to file, within a period of two months, a statement indicating the subject-matter to be searched. 

(2)

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