IP Law News

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.

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.

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