IP Law News

European patent registration - Costs in the opposition proceedings

According to Article 104 of the European Patent Convention (EPC)

(1)

Each party to the opposition proceedings shall bear the costs it has incurred, unless the Opposition Division, for reasons of equity, orders, in accordance with the Implementing Regulations, a different apportionment of costs. 

(2)

The procedure for fixing costs shall be laid down in the EPC Implementing Regulations. 

(3)

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

According to Article 103 of the European Patent Convention (EPC) , if the European patent is maintained as amended under Article 101, paragraph 3(a) of the EPC, the European Patent Office shall publish a new specification of the European patent as soon as possible after the mention of the opposition decision has been published in the European Patent Bulletin.

Prepared by European Patent Registration and Consulting Services GmbH

European patent registration - How to reduce or avoid payment of some EPO Official fees for registration of European patent Part III , Filing fee

According to the regulations related to European Patent Convention (EPC) , for filing one European patent application or for entering one International (PCT) application into European national phase one filing fee is to be paid.

One application can be filed to European Patent Office (EPO)  by mail, by fax in person  or in electronic form by using special EPO software.  

 

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)

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