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Divisional Applications Under The European Patent Convention
During the grant procedure before the European Patent Office (EPO), divisional applications can be filed under out of pending earlier European patent applications. A divisional application, sometimes called European divisional application, is a new patent application which is separate and independent from the earlier application, unless specific provisions in the European Patent Convention (EPC) require something different. A divisional application, which is divided from an earlier application, cannot be broader than the earlier application, neither in terms of subject-matter nor in terms of geographical cover. Background The possibility to file a divisional application is provided in many patent systems and is guaranteed by Article 4.G. of the Paris Convention for the Protection of Industrial Property of 1883, to which more than 170 countries are Contracting Parties. Some basic characteristics of a divisional application are as follows: :"A divisional application is an applic ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Grant Procedure Before The European Patent Office
The grant procedure before the European Patent Office (EPO) is an ''ex parte'', administrative procedure, which includes the filing of a European patent application, the examination of formalities, the establishment of a search report, the publication of the application, its substantive examination, and the grant of a patent, or the refusal of the application, in accordance with the legal provisions of the European Patent Convention (EPC). The grant procedure is carried out by the EPO under the supervision of the Administrative Council of the European Patent Organisation. The patents granted in accordance with the EPC are called European patents. In other words, the grant procedure before the EPO is the procedure leading to the grant of a European patent or to the refusal to grant a European patent. The procedure starts with the filing of an application and ends with the grant of a European patent or the refusal of the patent application by the EPO, or the withdrawal of the appli ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
EPO Official Journal
The ''Official Journal of the European Patent Office'' (''OJ EPO'') is a monthly trilingual publication of the European Patent Office (EPO). It contains "notices and information of a general character issued by the President of the European Patent Office, as well as any other information relevant to German, English and French language">French, the three official languages of the EPO. The three texts coexist in the same issue of the journal. The journal is published on the last day of the month. History The first issue of the ''Official Journal of the EPO'' was published in December 1977, two months after the European Patent Convention entered into force on October 7, 1977. The first issue starts with a foreword by Johannes Bob van Benthem, the first President of the EPO. Until 2014, the ''Official Journal'' was published both on paper and online. On January 1, 2014, the paper edition was discontinued; only the online edition remains (free of charge). In addition, as from 2014, th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Epoline
epoline is a set of web-based computer programs and services enabling applicants, patentees and their representatives to file patent applications online before the European Patent Office (EPO), as well as to monitor the status of patent applications during their prosecution and patents during an opposition. The epoline products and services have been implemented and are maintained by the EPO, according to the Decision of the President of the EPO dated 29 October 2002. Products and services Besides being available for filing European patent applications with the EPO, the epoline online filing software (also called "Online Filing", "OLF", "eOLF" or "epoline Online Filing") can also be used since December 3, 2003 for filing any official document during patent prosecution. The use of on-line filing passed the 50% level of patent application filings in January 2008.R. Burt''Report of the On-line Communications Committee (OCC)'' ''epi Information'' 2/2008, p. 59. The ''epoline'' onlin ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Manual Of Patent Examining Procedure
The ''Manual of Patent Examining Procedure'' (MPEP) is published by the United States Patent and Trademark Office (USPTO) for use by patent attorneys and agents and patent examiners. It describes all of the laws and regulations that must be followed in the examination of U.S. patent applications, and articulates their application to an enormous variety of different situations. The MPEP is based on Title 37 of the Code of Federal Regulations, which derives its authority from Title 35 of the United States Code, as well as on case law arising under those titles. The first version of the MPEP was published in 1920 by the Patent and Trademark Office Society. The MPEP is used extensively by patent attorneys and agents to help make sure they and Examiners follow the proper USPTO regulations. The USPTO registration examination tests knowledge of the MPEP and the underlying laws and regulations. The MPEP is available in both PDF and HTML versions. The current version of the MPEP is t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
G 1/09
G 1/09 is a decision issued on 27 September 2010 by the Enlarged Board of Appeal of the European Patent Office (EPO), holding that, following refusal of a European patent application, the application remains pending until the expiry of the time limit for filing a notice of appeal, so that a divisional application under may be filed even after the refusal of an application. See section 1.3. See section II.1. More specifically, the divisional application may be filed until expiry of the time limit of two months for filing a notice of appeal under . Background In the European Patent Convention (EPC), provides for the possibility for applicants to file a divisional application based on a European patent application. The European patent application based on which the divisional is filed is then called the "parent application". In accordance with , a divisional application can only be filed when the parent application is still pending. However, the EPC does not define the concept of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
PCT Application
The Patent Cooperation Treaty (PCT) is an international patent law treaty, concluded in 1970. It provides a unified procedure for filing patent applications to protect inventions in each of its contracting states. A patent application filed under the PCT is called an international application, or PCT application. A single filing of a PCT application is made with a Receiving Office (RO) in one language. It then results in a search performed by an International Searching Authority (ISA), accompanied by a written opinion regarding the patentability of the invention, which is the subject of the application. It is optionally followed by a preliminary examination, performed by an International Preliminary Examining Authority (IPEA). Finally, the relevant national or regional authorities administer matters related to the examination of application (if provided by national law) and issuance of patent. A PCT application does not itself result in the grant of a patent, since there is no ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Administrative Council Of The European Patent Organisation
The Administrative Council of the European Patent Organisation is one of the two organs of the European Patent Organisation (EPOrg), the other being the European Patent Office (EPO). The Administrative Council acts as the Organisation's supervisory body as well as, to a limited extent, its legislative body. The actual legislative power to revise the European Patent Convention (EPC) lies with the Contracting States themselves when meeting at a Conference of the Contracting States. In contrast, the EPO acts as executive body of the Organisation.Gower's Report on Intellectual Property , para 1.34 Composition and competences The Administrative Council is composed of Representatives of the Contracting States and is responsible for overseeing the work of the European Pate ...[...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Unity Of Invention Under The European Patent Convention
Under , a European patent application must "...relate to one invention only or to a group of inventions so linked as to form a single general inventive concept." This legal provision is the application, within the European Patent Convention, of the requirement of unity of invention, which also applies also in other jurisdictions. The lack of unity or non-unity (of invention), can appear either ''a priori'', i.e., before taking into account the prior art, or ''a posteriori'', i.e., after taking into account the prior art. An ''a posteriori'' lack of unity usually results from a lack of novelty or inventive step of the subject-matter of one independent claim. Unity amongst a group of inventions When a European patent application claims a group of inventions, "unity of invention" is considered present if "...there is a technical relationship among those inventions involving one or more of the same or corresponding special technical features." Search phase If, when carrying out a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
G 1/05 And G 1/06
G 1/05 and G 1/06 are decisions of the Enlarged Board of Appeal (EBA) of the European Patent Office (EPO) that were issued on 28 June 2007 and answer questions relating to divisional applications under the European Patent Convention (EPC). The two decisions were published in the Official Journal of the EPO in May 2008. Background Article 76(1), second sentence, EPC states that a divisional application :"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 provision is complied with, the divisional application shall be deemed to have been filed on the date of filing of the earlier application and shall have the benefit of any right to priority." Questions Two similar sets of legal questions have been referred to the Enlarged Board of Appeal and have been considered by the Board in consolidated proceedings. In case T 39/03, Technical Board of Appeal 3.4.02 referred the following quest ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Patent Application
A patent application is a request pending at a patent office for the grant of a patent for an invention described in the patent specification and a set of one or more claims stated in a formal document, including necessary official forms and related correspondence. It is the combination of the document and its processing within the administrative and legal framework of the patent office. To obtain the grant of a patent, a person, either legal or natural, must file an application at a patent office with the jurisdiction to grant a patent in the geographic area over which coverage is required. This is often a national patent office, but may be a regional body, such as the European Patent Office. Once the patent specification complies with the laws of the office concerned, a patent may be granted for the invention described and claimed by the specification. The process of "negotiating" or "arguing" with a patent office for the grant of a patent, and interaction with a patent offic ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Amendments Under The European Patent Convention
Article 123 of the European Patent Convention (EPC) relates to the amendments under the EPC, i.e. the amendments to a European patent application or patent, and notably the conditions under which they are allowable. In particular, prohibits adding subject-matter beyond the content of the application as filed, while prohibits an extension of the scope of protection by amendment after grant. Background The EPC provides that an applicant may in principle amend the documents constituting their European patent application after filing, as it is considered that the applicant may not have a full picture of the prior art at the time when the application is drafted and filed with the EPO. Article 123(1) EPC Article 123(1) EPC provides the right for an applicant, in proceedings before the European Patent Office (EPO), to amend its European patent application and for a patent proprietor (during opposition proceedings) the right to amend its European patent. This must however be done in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Enlarged Board Of Appeal Of The EPO
The European Patent Convention (EPC), the multilateral treaty instituting the legal system according to which European patents are granted, contains provisions allowing a party to appeal a decision issued by a first instance department of the European Patent Office (EPO). For instance, a decision of an Examining Division refusing to grant a European patent application may be appealed by the applicant. The appeal procedure before the European Patent Office is under the responsibility of its Boards of Appeal, which are institutionally independent within the EPO. Overview Decisions of the first instance departments of the European Patent Office (EPO) can be appealed, i.e. challenged, before the Boards of Appeal of the EPO, in a judicial procedure (proper to an administrative court), as opposed to an administrative procedure. These boards act as the final instances in the granting and opposition procedures before the EPO. The Boards of Appeal have been recognised as courts, or tr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
