IP Law News

Maintenance of the European patent in amended form

According to rule 82 of the European Patent Convention (EPC) Implementing Regulations (IR) ,

(1)

Before the Opposition Division decides to maintain the European patent as amended, it shall inform the parties of the text in which it intends to maintain the patent, and shall invite them to file their observations within two months if they disapprove of that text.

(2)

European patent - Examination of opposition

According to rule 81 of the European Patent Convention (EPC) Implementing Regulations,

(1)

The Opposition Division shall examine those grounds for opposition which are invoked in the opponent's statement (of the extent to which the European patent is opposed and of the grounds on which the opposition is based, as well as an indication of the facts and evidence presented in support of these grounds).

CATL has unveiled new Qilin EV battery with incredible specifications

CATL the Chinese battery manufacturing giant and Tesla partner has in June 2022 unveiled  the third generation of its cell-to-pack (CTP) battery technology which the company claims can deliver “1,000 km in a breeze”, and boasts fast battery charging in only 10 minutes.

European patent - Preparation of the examination of the opposition

According to rule 79 of the European Patent Convention (EPC) Implementing Regulations,

(1)

The Opposition Division shall communicate the notice of opposition to the proprietor of the patent and shall give him the opportunity to file his observations and to amend, where appropriate, the description, claims and drawings within a period to be specified.

(2)

EUROPEAN PATENT - PROCEDURE WHERE THE PROPRIETOR OF THE PATENT IS NOT ENTITLED

According to rule 78 of the European Patent Convention (EPC) Implementing Regulations,

(1)

European patent - Rejection of the opposition as inadmissible

According to the EPO Regulations and Rule 77 of the European Patent Convention (EPC) Implementing Regulations (IR),

 

(1)

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.

 

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