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