IP Law News

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. 

 

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)

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