Lecture 3: European Patent Convention

In short, what can't be patented?

1. Not an invention 2. Exceptions to patentability

Who can file a patent?

A natural or legal person

How many countries in Europe are in the EPC?

All except Bosnia. 39 contracting states and 1 extention state = 40 approx.

What does EPC consist of? The "build-up"

Articles, rules, guidelines and case laws.

Hierarchy 2: Exceptions to patentability?

Commerical exploitation, microbiological processes, treatment of the human (surgery, therapy) Ex. cloning, GEM

Hierarchy 3: Novelty

Describes how an invention must be new and original. Based on the state of the art - any evidence that your invention is already known. Make sure that you don't tell anyone! don't patent it too broad! then we can't make new patents. but do it if you want to close a door due to competition (destroy novelty for everyone & yourself!)

What is the EPC?

European Patent Convention is a multilateral treaty (agreement under law) instituting the European Patent Organisation. It is the legal framework for patents in Europe via single and harmonized procedure.

Hierarchy 3: Inventive step

Invention is involving an inventive step if not obvious to a person skilled in the art (aware of common knowledge, develops...)

Hierarchy 3: Industrial application

Invention susceptible of industrial application if it can be made or used in any kind of industry.

What is the European Regional Application?

One application at one office will reach 39+1 contracting states.

How are the 178 Articles in EPC devided?

Parts & Chapters. Ex. Part 1 - general and institutional provisions. Chapter 1 - general provisions...

How are the 165 regulations in EPC divided?

Parts & chapters

What is the hierarchy/relation between articles?

Patentable inventions -> Exceptions to patentability -> - Novelty - Industrial application - Inventive step = regulates what's in the law = builds off each other

Hierarchy 1: What inventions are patentable?

The inventions should be new, involve an inventive step, industrial application NOT theories, maths, aestethic, games osv.

Extent of protection of european patent?

Wording defines the invention -> make sure to be careful when drafting claims

Can an invention become hidden/classified?

Yes, if sensitive material of importance to national security.