IP Law News

European patent registration - Examination of appeals

According to Article 110 of the European Patent Convention (EPC) , in case when the appeal is admissible, the European Patent Office (EPO) Board of Appeal shall examine whether the appeal is allowable. The examination of the appeal shall be conducted in accordance with the EPC Implementing Regulations. 

Prepared by European Patent Registration and Consulting Services GmbH

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European patent registration - Interlocutory revision

According to Article 109 of the European Patent Convention (EPC),

(1)

If the department whose decision is contested considers the appeal to be admissible and well founded, it shall rectify its decision. This shall not apply where the appellant is opposed by another party to the proceedings. 

(2)

If the appeal is not allowed within three months of receipt of the statement of grounds, it shall be remitted to the Board of Appeal without delay, and without comment as to its merit. 

 

European patent registration - Time limit and form of Appeal

 

According to Article 108 of the European Patent Convention (EPC) ,

Notice of appeal shall be filed, in accordance with the Implementing Regulations, at the European Patent Office within two months of notification of the decision. Notice of appeal shall not be deemed to have been filed until the fee for appeal has been paid. Within four months of notification of the decision, a statement setting out the grounds of appeal shall be filed in accordance with the Implementing Regulations. 

 

Prepared by European Patent Registration and Consulting Services GmbH

How to reduce or avoid payment of some EPO Official fees for registration of European patent Search fee , Part 1

According to the regulations related to European Patent Convention (EPC) , the search fee is to be paid for patent applications  filed to European Patent Office (EPO)   In this regard for  a patent application is to be paid one search fee in amount of EUR 1.285,-.

In case of entering one international (PCT) application into European National phase it can be avoided payment of the search fee when EPO has acted as International Search Authority (ISA) or Supplementary International Search Authority (SISA) for the application in the international phase.

How to reduce or avoid payment of some EPO Official fees for registration of European patent Search fee , Part 2

According to the regulations related to European Patent Convention (EPC) , when EPO did not act as International Search Authority (ISA) or Supplementary International Search Authority (SISA) for an international application than in the European National Phase one  supplementary European search report is to be established,  for which one Search fee in amount of EUR 1.285,- is to be paid.

In some of such cases the search fee may be reduced. The reductions of the search fee may be summarized as follows:

European patent registration - Persons entitled to appeal and to be parties to appeal proceedings

According to Article 107 of the European Patent Convention (EPC),

Any party to proceedings adversely affected by a decision may appeal. Any other parties to the proceedings shall be parties to the appeal proceedings as of right. 

 

Prepared by European Patent Registration and Consulting Services GmbH

www.european-patent-registration.com

European patent registration - Decisions subject to appeal

According to Article 106 of the European Patent Convention (EPC) ,

(1)

An appeal shall lie from decisions of the Receiving Section, Examining Divisions, Opposition Divisions and the Legal Division. It shall have suspensive effect. 

(2)

A decision which does not terminate proceedings as regards one of the parties can only be appealed together with the final decision, unless the decision allows a separate appeal. 

(3)

Publication of the amended specification of the European patent

According to Article 105 c) of the European Patent Convention (EPC) If the European patent is limited under Article 105b, paragraph 2 of EPC , the European Patent Office (EPO) shall publish the amended specification of the European patent as soon as possible after the mention of the limitation has been published in the European Patent Bulletin.

 

Prepared by European Patent Registration and Consulting Services GmbH

Limitation or revocation of the European patent

According to Article 105 b) of the European Patent Convention (EPC) ,

(1)

The European Patent Office (EPO) shall examine whether the requirements laid down in the EPC Implementing Regulations for limiting or revoking the European patent have been met. 

(2)

If the European Patent Office (EPO) considers that the request for limitation or revocation of the European patent meets these requirements, it shall decide to limit or revoke the European patent in accordance with the Implementing Regulations. Otherwise, it shall reject the request. 

(3)

European patent registration - Request for limitation or revocation

According to Article 105 a) of the European Patent Convention (EPC)

(1)

At the request of the proprietor, the European patent may be revoked or be limited by an amendment of the claims. The request shall be filed with the European Patent Office (EPO)  in accordance with the EPC Implementing Regulations. It shall not be deemed to have been filed until the limitation or revocation fee has been paid. 

(2)

The request may not be filed while opposition proceedings in respect of the European patent are pending. 

 

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