IP Law News

European patent registration - Examination of the opposition – Revocation or maintenance of the European patent

According to Article 101 of the European Patent Convention (EPC),

(1)

If the opposition is admissible, the Opposition Division shall examine, in accordance with the Implementing Regulations of EPC,  whether at least one ground for opposition under Article 100  EPC prejudices the maintenance of the European patent. During this examination, the Opposition Division shall invite the parties, as often as necessary, to file observations on communications from another party or issued by itself.

European patent registration - Opposition

According to Article 99 of the European Patent Convention (EPC) ,

(1)

Within nine months of the publication of the mention of the grant of the European patent in the European Patent Bulletin, any person may give notice to the European Patent Office of opposition to that patent, in accordance with the Implementing Regulations. Notice of opposition shall not be deemed to have been filed until the opposition fee has been paid. 

(2)

The opposition shall apply to the European patent in all the Contracting States in which that patent has effect. 

(3)

How to reduce or avoid payment of some EPO Official fees for registration of European patent Part 2 , Additional fee for application containing more than 35 pages

According to the regulations related to European Patent Convention (EPC) , additional fee is to be paid for patent application comprising more than 35 pages.   In this regard for  any patent application which consists of more than 35 pages the applicant is obliged to pay to European Patent Office (EPO) additional fee for the 36th and for each additional page.

The EPO additional fee for the 36th and each additional page amounts EUR 15,- for each page.

 

How to reduce or avoid payment of some EPO Official fees for registration of European patent Part I . Claims fee

According to the regulations related to European Patent Convention (EPC) , the claims fees are to be paid for patent applications containing more than 15 claims.   In this regard for  any patent application which consists of more than 15 claims the applicant is obliged to pay to European Patent Office (EPO) claims fee for the 16th and for each subsequent claim.

The EPO official claims fee for the 16th and each subsequent claim up to the limit of 50 claims amounts EUR 235,- for each claim.

European patent registration - Publication of the specification of the European patent

According to Article 98 of the European Patent Convention (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. 

Prepared by European Patent Registration and Consulting Services GmbH

 

European patent application - Grant or refusal

According to Article 97 of the European Patent Convention (EPC)

(1)

If the Examining Division is of the opinion that the European patent application and the invention to which it relates meet the requirements of this Convention, it shall decide to grant a European patent, provided that the conditions laid down in the Implementing Regulations are fulfilled. 

(2)

Examination of the European patent application

According to Article 94 of the European Patent Convention (EPC)

(1)

The European Patent Office shall, in accordance with the Implementing Regulations, examine on request whether the European patent application and the invention to which it relates meet the requirements of this Convention. The request shall not be deemed to be filed until the examination fee has been paid

(2)

If no request for examination has been made in due time, the application shall be deemed to be withdrawn. 

(3)

European patent registration - Publication of the European patent application

According to Article 93 of the European Patent Convention (EPC),

 

(1)

The European Patent Office shall publish the European patent application as soon as possible 

(a)

after the expiry of a period of eighteen months from the date of filing or, if priority has been claimed, from the date of priority, or  

(b)

at the request of the applicant, before the expiry of that period.  

(2)

European patent application - Drawing up of the European search report

According to Article 92 of the European Patent Convention (EPC) , the European Patent Office shall, in accordance with the Implementing Regulations, draw up and publish a European search report in respect of the European patent application on the basis of the claims, with due regard to the description and any drawings. 

 

Prepared by European Patent Registration and Consulting Services GmbH

 

European patent application - Examination on filing and examination as to formal requirements

According to Article 90 of the European Patent Convention (EPC)

(1)

The European Patent Office shall examine, in accordance with the Implementing Regulations, whether the application satisfies the requirements for the accordance of a date of filing. 

(2)

If a date of filing cannot be accorded following the examination under paragraph 1 of this article,  the application shall not be dealt with as a European patent application.

(3)

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