IP Law News

European patent registration - Oral proceedings

According to Article 116 of the European Patent Convention (EPC),

(1)

Oral proceedings shall take place either at the instance of the European Patent Office  (EPO)  if it considers this to be expedient or at the request of any party to the proceedings. However, the European Patent Office  (EPO) may reject a request for further oral proceedings before the same department where the parties and the subject of the proceedings are the same. 

(2)

European patent registration - Observations by third parties

According to article 115 of the European Patent Convention (EPC) , in proceedings before the European Patent Office, following the publication of the European patent application, any third party may, in accordance with the EPC  Implementing Regulations, present observations concerning the patentability of the invention to which the application or patent relates. That person shall not be a party to the proceedings. 

Prepared by European Patent Registration and Consulting Services GmbH

European patent registration - Examination by the European Patent Office of its own motion

According to Article 114 of the European Patent Convention (EPC) ,

 

In proceedings before it, the European Patent Office(EPO)  shall examine the facts of its own motion; it shall not be restricted in this examination to the facts, evidence and arguments provided by the parties and the relief sought. 

 

The European Patent Office (EPO) may disregard facts or evidence which are not submitted in due time by the parties concerned. 

 

Prepared by European Patent Registration and Consulting Services GmbH

European patent registration - Right to be heard and basis of decisions

According to article 113 of the European Patent Convention (EPC),

 

The decisions of the European Patent Office (EPO) may only be based on grounds or evidence on which the parties concerned have had an opportunity to present their comments. 

 

The European Patent Office (EPO) shall examine, and decide upon, the European patent application or the European patent only in the text submitted to it, or agreed, by the applicant or the proprietor of the patent. 

 

Prepared by European Patent Registration and Consulting Services GmbH

European patent registration - Decision or opinion of the Enlarged Board of Appeal

According to Article 112 of the European Patent Convention (EPC),
 

 (1)

In order to ensure uniform application of the law, or if a point of law of fundamental importance arises: 

 

(a)

European patent registration - Decision in respect of appeals

According to Article 111 of the European Patent Convention (EPC),

 (1)

Following the examination as to the allowability of the appeal, the European Patent Office (EPO) Board of Appeal shall decide on the appeal. The Board of Appeal may either exercise any power within the competence of the department which was responsible for the decision appealed or remit the case to that department for further prosecution. 

 

(2)

European patent registration - Examination of appeals

According to Article 110 of the European Patent Convention (EPC) , in case when the appeal is admissible, the European Patent Office (EPO) Board of Appeal shall examine whether the appeal is allowable. The examination of the appeal shall be conducted in accordance with the EPC Implementing Regulations. 

Prepared by European Patent Registration and Consulting Services GmbH

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European patent registration - Interlocutory revision

According to Article 109 of the European Patent Convention (EPC),

(1)

If the department whose decision is contested considers the appeal to be admissible and well founded, it shall rectify its decision. This shall not apply where the appellant is opposed by another party to the proceedings. 

(2)

If the appeal is not allowed within three months of receipt of the statement of grounds, it shall be remitted to the Board of Appeal without delay, and without comment as to its merit. 

 

European patent registration - Time limit and form of Appeal

 

According to Article 108 of the European Patent Convention (EPC) ,

Notice of appeal shall be filed, in accordance with the Implementing Regulations, at the European Patent Office within two months of notification of the decision. Notice of appeal shall not be deemed to have been filed until the fee for appeal has been paid. Within four months of notification of the decision, a statement setting out the grounds of appeal shall be filed in accordance with the Implementing Regulations. 

 

Prepared by European Patent Registration and Consulting Services GmbH

How to reduce or avoid payment of some EPO Official fees for registration of European patent Search fee , Part 1

According to the regulations related to European Patent Convention (EPC) , the search fee is to be paid for patent applications  filed to European Patent Office (EPO)   In this regard for  a patent application is to be paid one search fee in amount of EUR 1.285,-.

In case of entering one international (PCT) application into European National phase it can be avoided payment of the search fee when EPO has acted as International Search Authority (ISA) or Supplementary International Search Authority (SISA) for the application in the international phase.

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