IP Law News

European patent - Preparation of the examination of the opposition

According to rule 79 of the European Patent Convention (EPC) Implementing Regulations,

(1)

The Opposition Division shall communicate the notice of opposition to the proprietor of the patent and shall give him the opportunity to file his observations and to amend, where appropriate, the description, claims and drawings within a period to be specified.

(2)

EUROPEAN PATENT - PROCEDURE WHERE THE PROPRIETOR OF THE PATENT IS NOT ENTITLED

According to rule 78 of the European Patent Convention (EPC) Implementing Regulations,

(1)

European patent - Rejection of the opposition as inadmissible

According to the EPO Regulations and Rule 77 of the European Patent Convention (EPC) Implementing Regulations (IR),

 

(1)

EUROPEAN PATENT – FORM AND CONTENT OF THE OPPOSITION

According to Rule 76 of the European Patent Convention (EPC) Implementing Regulations (IR) and other regulations of the EPC ,

(1)

Notice of opposition shall be filed in a written reasoned statement.

(2)

The notice of opposition shall contain:

(a)

Certificate for a European patent

According to Rule 74 of the European Patent Convention (EPC) Implementing Regulations (IR) and other regulations of the EPC ,

The European Patent Office shall publish the specification of the European patent as soon as possible after the mention of the grant of the European patent has been published in the European Patent Bulletin.

European patent - Content and form of the specification

According to Rule 73 of the European Patent Convention (EPC) Implementing Regulations (IR),

(1)

The specification of the European patent shall include the description, the claims and any drawings. It shall also indicate the period for opposing the European patent.

(2)

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)

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