IP Law News

European patent application - Inspection of files

According to Article 128  of the European Patent Convention (EPC)

(1)

Files relating to European patent applications which have not yet been published shall not be made available for inspection without the consent of the applicant. 

(2)

Any person who can prove that the applicant has invoked the rights under the European patent application against him may obtain inspection of the files before the publication of that application and without the consent of the applicant. 

(3)

European Patent Register

According to Article 127  of the European Patent Convention (EPC)

The European Patent Office (EPO) shall keep a European Patent Register, in which the particulars specified in the European Patent Convention (EPC)  Implementing Regulations shall be recorded. No entry shall be made in the European Patent Register before the publication of the European patent application. The European Patent Register shall be open to public inspection. 

 

Prepared by European Patent Registration and Consulting Services

European patent registration - Information on prior art

According to Article 124 of the European Patent Convention (EPC) :
 

(1)

The European Patent Office (EPO)  may, in accordance with the Implementing Regulations, invite the applicant to provide information on prior art taken into consideration in national or regional patent proceedings and concerning an invention to which the European patent application relates. 

 

(2)

Amendments to European Patent Application

According to Article 123 of the European Patent Convention (EPC)

 

 (1)

The European patent application or European patent may be amended in proceedings before the European Patent Office  (EPO) , in accordance with the EPC Implementing Regulations. In any event, the applicant shall be given at least one opportunity to amend the application of his own volition. 

 

(2)

The European patent application or European patent may not be amended in such a way that it contains subject-matter which extends beyond the content of the application as filed. 

European patent application - Re-establishment of rights

According to Article 122 of the European Patent Convention (EPC),
 

(1)

New Invention: “ THE FLYING SAUCER” THE MOST EFFECTIVE/REVOLUTIONARY BICYCLE MECHANISMS EVER IN HISTORY

An inventor from Australia presented at the International Exhibition of Inventions of Geneva 2015 the invention: “ THE FLYING SAUCER” THE MOST EFFECTIVE/REVOLUTIONARY BICYCLE MECHANISMS EVER IN HISTORY.

 

Further processing of the European patent application

 

According to Article 121 of the European Patent Convention (EPC),

 (1)

If an applicant fails to observe a time limit vis-à-vis the European Patent Office, he may request further processing of the European patent application. 

(2)

The European Patent Office shall grant the request, provided that the requirements laid down in the Implementing Regulations are met. Otherwise, it shall reject the request. 

(3)

If the request is granted, the legal consequences of the failure to observe the time limit shall be deemed not to have ensued. 

European patent - Notification

According to article 119 of the European Patent Convention (EPC),

Decisions, summonses, notices and communications shall be notified by the European Patent Office (EPO) of its own motion in accordance with the European Patent Convention (EPC) Implementing Regulations. Notification may, where exceptional circumstances so require, be effected through the intermediary of the central industrial property offices of the Contracting States. 

 

Prepared by European Patent Registration and Consulting Services GmbH

Unity of the European patent application or European patent

According to  article 118 of the European Patent Convention (EPC),

Where the applicants for or proprietors of a European patent are not the same in respect of different designated Contracting States, they shall be regarded as joint applicants or proprietors for the purposes of proceedings before the European Patent Office (EPO). The unity of the application or patent in these proceedings shall not be affected; in particular the text of the application or patent shall be uniform for all designated Contracting States, unless the European Patent  Convention provides otherwise. 

European Patent Registration - Means and taking of evidence

According to article 117 of the European Patent Convention (EPC)

 

In proceedings before the European Patent Office the means of giving or obtaining evidence shall include the following: 

 

(a)

hearing the parties; 

(b)

requests for information; 

(c)

production of documents; 

(d)

hearing witnesses; 

(e)

opinions by experts; 

(f)

inspection; 

(g)

sworn statements in writing. 

 

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