IP Law News

Revocation of European patents

According to article 138 of the European Patent Convention (EPC),

 (1)

Subject to Article 139 of the European Patent Convention (EPC), a European patent may be revoked with effect for a Contracting State only on the grounds that:

(a)

European patent application - Formal requirements for conversion

According to Article 137 of the European Patent Convention (EPC), 


 

(1)

European patent - Request for conversion

 

According to Article 135 of the European Patent Convention (EPC) ,

 

(1)

European patent registration - General principles of representation

According  to Art. 133 of the European Patent Convention,

 

 (1)

Subject to paragraph 2,in this article ,  no person shall be compelled to be represented by a professional representative in proceedings established by this Convention.

 

(2)

European Patent Office (EPO) Periodical publications

According to Article 129 of the European Patent Convention (EPC) , the European Patent Office (EPO) periodically publishes:

:

(a)

 

a European Patent Bulletin containing the particulars the publication of which is prescribed by the European Patent Convention, (EPC) , the (EPC) Implementing Regulations or the President of the European Patent Office;

 

(b)

 

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)

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