IP Law News

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)

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. 

 

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