IP Law News

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If no request for examination has been made in due time, the application shall be deemed to be withdrawn.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

European patent application - Effect of priority right

According to Article 89 of the European Patent Convention (EPC)  the right of priority shall have the effect that the date of priority shall count as the date of filing of the European patent application for the purposes of Article 54, paragraphs 2 and 3, and Article 60, paragraph 2 of the European Patent Convention.

 

European patent application - Claiming priority

According to Article 88 of the European Patent Convention (EPC)

 

(1)

An applicant desiring to take advantage of the priority of a previous application shall file a declaration of priority and any other document required, in accordance with the Implementing Regulations. 

(2)

European patent application - Priority right

According to Article 87 of the European Patent Convention (EPC)

 

(1)

Any person who has duly filed, in or for 

(a)

any State party to the Paris Convention for the Protection of Industrial Property or 

(b)

any Member of the World Trade Organization,  

 

Renewal fees for the European patent application

According to Article 86 of the European Patent Convention (EPC)  ,

 

(1)

Renewal fees for the European patent application shall be paid to the European Patent Office in accordance with the Implementing Regulations. These fees shall be due in respect of the third year and each subsequent year, calculated from the date of filing of the application. If a renewal fee is not paid in due time, the application shall be deemed to be withdrawn. 

(2)

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