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Patent Protection in Europe

Patent Protection in Europe. Heidrun Krestel Liaison Officer Member States Co-operation Programmes and INPADOC European Patent Office. Topics of this presentation. Introduction to the EPO General issues Filing Search and examination Granting Opposition Appeal Summary.

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Patent Protection in Europe

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  1. Patent Protection in Europe Heidrun Krestel Liaison Officer Member States Co-operation Programmes and INPADOC European Patent Office

  2. Topics of this presentation • Introduction to the EPO • General issues • Filing • Search and examination • Granting • Opposition • Appeal • Summary

  3. 3 new member states which will join the EPC soon LV PL LT Poland Lithuania Latvia

  4. DG1Search, examination and administration ofsearch documentation DG2Search, examination and opposition DG3Boards of appeal DG4General administration,finance, language servicepersonnelPatent information DG5Patent law, internationalaffairs, PR, technicalco-operation

  5. The EPO’s Mission • To examine patent applications • To grant patents • To publish and disseminate patent information

  6. Applications 1995 to 2002

  7. Topics of this presentation • Introduction to the EPO • General issues • Filing • Search and examination • Granting • Opposition • Appeal • Summary

  8. What is a patent? A patent is a legal title granting its holder the exclusive right to make use ofan invention for a limited area and time by stopping others from, among other things, making, using or selling it without authorisation.

  9. National procedures Invention Application CZ-Patent Application AT-Patent Application SE- Patent

  10. European procedure (EP) Invention Application up to 27 national patents EPO Grant National Phase European phase

  11. International procedure (PCT) Invention 179 member states Application search and optionalpreliminary examination, no patent grant as such, entering the regional or national phase with 30 months delay after first filing

  12. Topics of this presentation • Introduction to the EPO • General issues • Filing • Search and examination • Granting • Opposition • Appeal • Summary

  13. Who can file? Where to file? Any natural or legal person, joint applicants at EPO premises in Munich, The Hague and Berlin at the central industrial property office or other competent authorities in that Contracting State (depending on the national law) Filingthe application

  14. For whichcountries? In which language? In countries where the EPC has entered into force = the contracting (designating) states In one of the official languages (English, French, German) Filingthe application

  15. Items to file Request for grant of a European patent Description of the invention Claim(s) Drawing(s) referred to the description or the claims Abstract Claim to priority Filingthe application

  16. Claim topriority Priority may be claimed for a European patent application by a person who in 12 month prior to the filing of the European application has filed an application of a patent or registration of a utility model in respect of the same invention in a state which is party of the Paris Convention for the Protection of Industrial Property Filingthe application

  17. Filingthe application Requirements concerning the presentation of the invention • Disclosure of the invention • Unity of invention • Description: • indication of technical field of the invention • background state of the art • definition of the technical problem and its solution • description of the figures • descrption of the way to carry out the invention • indication of industrial application

  18. Filingthe application Requirements concerning the presentation of the invention • Claims: • define the matter of protection • usually comprises two parts, the prior art portion and the characterising portion • Drawings must correspond to description and claims • Abstract: summary of the invention for technical information purposes

  19. Further detailed information via the EPO website www.epo.org

  20. Topics of this presentation • Introduction to the EPO • General issues • Filing • Search and examination • Granting • Opposition • Appeal • Summary

  21. Search and examination • Examination on filing by the Receiving Section • indication that a European patent is sought • designation of at least one contracting state • definition of an applicant • description and at least one claim • payment of filing and search fees • Formalities examination • check of compliance with requirements concerning the items to file

  22. Search and examination • Search • on basis of the claims • search tools: • electronic databases (e.g. DOC d.b) • paper collection, systematically filed according to the ECLA, containing PCT minimum documentation • non-patent literature • search reportpublished together with the publication of the application 18 months after the priority applicationor published separately

  23. Search and examination Code letters in the search report indicating:X particularly relevant document which, taken by itself destroys the novelty or inventive step of the subject-matter claimedY particularly relevant document which, taken together with one or more other „Y“ documents, indicates that the subject-matter claimed does not involve an inventive stepA document gives information about the state of the art

  24. Search and examination Substantive examination • upon request for examination in written form • after payment of the examination fee • in the light of the search report, the EPO examines if the inventions is patentable and meets the requirements of the European Patent Convention (EPC)

  25. Topics of this presentation • Introduction to the EPO • General issues • Filing • Search and examination • Granting • Opposition • Appeal • Summary

  26. Granting • For an invention to be patentable it must be: • Novel (no prior disclosure or use) EPC Art. 54 • Inventive (not obvious to one skilled in the art)EPC Art. 56 • Industrially applicableEPC Art. 57

  27. Granting Not regarded as inventions: • Discoveries, scientific theories and mathematical methods • Aesthetic creations • Schemes, rules and methods for performing mental acts, playing games or doing business, and programs for computers • Presentations of information • Treatment of human or animal body by surgery or therapy • Plant and animal varieties

  28. Granting • Novelty • Has the claimed invention been disclosed, used, exhibited before? If not it is NOVEL • Examiners use documentation and computer searches to decide on novelty.

  29. Granting • Inventiveness • Does the claimed invention comprise an inventive step, attributes which are not obvious to someone skilled in the art? • Test: can elements of the claimed invention be found in 2 prior art documents? • If yes then the claimed invention is not inventive.

  30. Granting • Industrial Applicability • An invention shall be considered as susceptible of industrial application if it can be made or used in any kind of industry, including agriculture • Difficult to assess

  31. Granting 10% Withdrawn after search report 65% Patents granted 6.2 % opposed 25% rejected or withdrawn during examination

  32. Topics of this presentation • Introduction to the EPO • General issues • Filing • Search and examination • Granting • Opposition • Appeal • Summary

  33. Opposition • Any person (public) • Opposition period: nine months after mention of publication of grant • Reasoned statement (grounds) • In written (opposition form) with facts and evidence • Payment of opposition fees • Substantive examination of the opposition by the opposition division • Oral proceedings • Decision of the opposition division

  34. Topics of this presentation • Introduction to the EPO • General issues • Filing • Search and examination • Granting • Opposition • Appeal • Summary

  35. Appeal • Anyone adversely affected by a decision of the EPO may file an appeal to the Board of Appeal • time limit two months after the date of notification of the respective decision • written statement (grounds) • last instance • case law

  36. Topics of this presentation • Introduction to the EPO • General issues • Filing • Search and examination • Granting • Opposition • Appeal • Summary

  37. Application fee € 125 Search fee € 690 Designation fee € 75per country, maximum 7 times Examination fee € 1430 Fee for grant € 715 Annual fee 3+4 year € 785 Total up to grant € 4270 Opposition fee € 610 Fee for appeal € 1020 Fees

  38. Overview of the patent procedure at the EPO Application 12 month Further applications (Priority) Formalities after 18 months Search Publication, Search Report Info Request for Examination max. 6 Month after search report Examination - Reject Max. life time: 20 years + Info Applicant Patent Grant EPO within 9 month Third Parties national Phase Translations Opposition

  39. Thank you for your attentionQuestions

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