Chapter 4 - European Patent
Epc - European Patent Convention
Ratified in 1973 , reformulated in 2007 , it's a unified procedure for filing , examination and grant of a patent
The proprietor has the possibility
to ask the Epo to limit his ep as -Granted or Maintened in a modified form
Decision of
-Filing -Examination -Opposition
Examination lead to
-Rejection (that can be appealled) or -Grant
The extra extension country can also be requested through Ep Application
Bosnia-Herzegovina ,Montenegro
Filing Section
1)Formal examination of application 2)Appropriate Divison performs a search of prior art 3)And finally draws up a european search report which include an opinion of patentability in terms of -Patentability of Invention -Novelty -Industrial Application
It's possible to appeal to the appeal board
Against the decision of opposition division
Member Countries of Epc are:
Albania,Austria , Belgium , Bulgaria , Croatia ,Cyprus ,Czech Republic , Denmark , Estonia , Finland , France , Germany , Greece .Hungary ,Iceland , Italy , Liecthenstain , Lithuania , Luxembourg , Malta , Monaco ,Netherlands ,Norway ,Poland ,Portugal ,Republic of Macedonia , Republic of San Marino ,Romani ,Serbia ,Slovakia ,Slovenia ,Sweden ,Switzerland ,Turkey ,United Kingdom
Divisions
Are subject to appeal of board of appeal which decisions cannot be appealled
Patent application can be filed
At European Patent office ( Munich) At Department in the Hague (Aia) At Branch Agency (Of the department)
Many countries require translation of claim
At the moment of writing and if this is not done ,patent application after a certain time limits is considered abandoned
After 16 Ocober 2013 Epo
Eliminated deadline of 24 months for filing a divisional application coming into effect from 1 april 2014 , possible to file a divisonal patent application for as long as the "mother" Ep Application has not reached grant phase
Opposition division
Examine opposition , at the end of examination patent may be revoked or confirmed
Once granted the EP
In order to be kept valid must conform to laws of each individual country
Examination procedure
Is an exaination division that include a complete examination for patentability (During this phase the field for which protection was requrest may vary (according prior art))
Each state
May request that the translation of the limited text be filed at its own national patent office . It's also possible for the proprietator of a European patent to request its revocation ,but this request is subject to a formal assessment and the subsequent approval by the EPC
Indications by search report
Must be chcecked carefully because something can be incorrect
Epo examines
Request for limitation and Ep is republished as limited and , is effective ab initio in all the states designated by ep in its limited form
After the last revision
The possibility to appeal to a third level was added , it's the enlarging board of appeal , that concerns only -juridical -procedural aspects
In italy
Where countefeiting is concerned ,it's the nationalized text that prevails
Possibility to file one or more divisional patent application
To cover contents originally present int he text as filed but excluded or limited during the examination procedure ,also due to a lack of inventive unity found by European examiner
New discipline
Will be applicable to any Ep application that is still pending on April 1 2014 and will also be extended to any other Ep application
Application is compared
With search report and decision is take
3rd parties may present opposition
Within 9 months of Patent application been granted
Patent application , after application
gives same right and patent granted