IP Law News

European patent application - Date of filing

According to Article 80 of the European Patent Convention (EPC)

, the date of filing of a European patent application shall be the date on which the requirements laid down in the Implementing Regulations are fulfilled. 

 

According to Rule 40  of the Implementing Regulations to  European Patent Convention (EPC)

 

(1)

The date of filing of a European patent application shall be the date on which the documents filed by the applicant contain: 

(a)

an indication that a European patent is sought; 

(b)

EPO receives a record 273 000 patent filings in 2014, up by around 3%

According to preliminary figures from EPO , The European Patent Office (EPO) received more than 273 110 patent filings in 2014, an increase of around 3% over 2013, and a new all-time high.

Preliminary data show that last year filings originating from Europe remained stable (+0.3%). There was strong growth from the US (+6.7%), which reinforced its leading position in the country ranking, and very strong growth from China (+16.8%). Korea saw moderate growth (+1.4%), while patent filings from Japan saw a drop (-3.8%).

European patent registration - Designation of Contracting States

According to article 79 of the European Patent Convention (EPC)

 (1)

All the Contracting States party to this Convention at the time of filing of the European patent application shall be deemed to be designated in the request for grant of a European patent. 

(2)

The designation of a Contracting State may be subject to the payment of a designation fee. 

(3)

The designation of a Contracting State may be withdrawn at any time up to the grant of the European patent. 

 

Requirements of a European patent application

 

According to article 78 of the European Patent Convention (EPC)

 (1)

A European patent application shall contain: 

(a)

a request for the grant of a European patent; 

(b)

a description of the invention; 

(c)

one or more claims; 

(d)

any drawings referred to in the description or the claims; 

(e)

an abstract, 

and satisfy the requirements laid down in the Implementing Regulations. 

(2)

Forwarding of European patent applications

According to Article 77 of the European Patent Convention (EPC)

(1)

The central industrial property office of a Contracting State shall forward to the European Patent Office any European patent application filed with it or any other competent authority in that State, in accordance with the Implementing Regulations. 

(2)

A European patent application the subject of which has been made secret shall not be forwarded to the European Patent Office. 

(3)

European divisional applications

According to Article 76 of the European Patent Convention (EPC),

(1)

A European divisional application shall be filed directly with the European Patent Office in accordance with the Implementing Regulations. It may be filed only in respect of subject-matter which does not extend beyond the content of the earlier application as filed; in so far as this requirement is complied with, the divisional application shall be deemed to have been filed on the date of filing of the earlier application and shall enjoy any right of priority. 

(2)

Filing of a European patent application

According to Article 75 of the European Patent Convention (EPC)

(1)

A European patent application may be filed: 

(a)

with the European Patent Office, or 

(b)

if the law of a Contracting State so permits, and subject to Article 76, paragraph 1, with the central industrial property office or other competent authority of that State. Any application filed in this way shall have the same effect as if it had been filed on the same date with the European Patent Office.

European Patent - Law applicable

According to article 74 of the European Patent Convention (EPC) , unless this Convention provides otherwise, the European patent application as an object of property shall, in each designated Contracting State and with effect for such State, be subject to the law applicable in that State to national patent applications. 

 

Prepared by European Patent Registration and Consulting Services GmbH

 

European patent application - Contractual licensing

According to Article 73 of the European Patent Convention (EPC) a European patent application may be licensed in whole or in part for the whole or part of the territories of the designated Contracting States. 

 

Prepared by European Patent Registration and Consulting Services GmbH

 

European patent registration - Assignment

According to Art. 72 of the European Patent Convention (EPC) , an assignment of a European patent application shall be made in writing and shall require the signature of the parties to the contract. 

Prepared by European Patent Registration and Consulting Services GmbH

 

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