IP Law News

European patent - Content of the European search report

According to Rule 61 of the European Patent Convention (EPC) Implementing Regulations (IR),

 (1)

The European search report shall mention those documents, available to the European Patent Office at the time of drawing up the report, which may be taken into consideration in deciding whether the invention to which the European patent application relates is new and involves an inventive step. 

(2)

Each citation shall be referred to the claims to which it relates. Where appropriate, relevant parts of the documents cited shall be identified. 

(3)

European patent - Subsequent designation of the inventor

According to Rule 60 and other rules of the European Patent Convention (EPC) Implementing Regulations (IR),

(1)

European patent - Deficiencies in claiming priority

According to Rule 59 and other rules of the European Patent Convention (EPC) Implementing Regulations (IR),

European patent - Correction of deficiencies in the application documents

According to Rule 58 and other rules of the European Patent Convention (EPC) Implementing Regulations (IR),

If the European patent application does not comply with the requirements of Rule 57 (a) to (d), (h) and (i), of the EPC IR, i.e.

a translation of the application required , has not been filed in due time;
 

the request for grant of a European patent does not satisfy the requirements of Rule 41 of the EPC IR;

European patent - Examination as to formal requirements

According to Rule 57 and other rules of the European Patent Convention (EPC) Implementing Regulations (IR),


 

If the European patent application has been accorded a date of filing, the European Patent Office shall examine, in accordance with Article 90, paragraph 3, of the EPC, whether:

(a)

European patent application - Missing parts of the description or missing drawings

According to Rule 56 and other rules of the European Patent Convention (EPC) Implementing Regulations (IR),

(1)

European patent - Examination on filing

According to Rule 55 and other rules of the European Patent Convention (EPC) Implementing Regulations (IR),

European patent - Issuing priority documents

 

According to Rule 54 and other rules of the European Patent Convention (EPC) Implementing Regulations (IR),

 

the applicant can require from the European Patent Office issuance of certified copy of the European Patent Application ( priority document)..

 

European patent - Priority documents

According to Rule 53 of the European Patent Convention (EPC) Implementing Regulations (IR) ,

(1)
An applicant claiming priority shall file a copy of the previous application within sixteen months of the earliest priority date claimed. This copy and the date of filing of the previous application shall be certified as correct by the authority with which that application was filed.

European patent - Declaration of priority

According to Rule 52 of the European Patent Convention (EPC) Implementing Regulations (IR)

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