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103-511: There is no general obligation for a party to be represented by a professional representative to act in proceedings before the EPO. However, a person not having either their residence or place of business within the territory of one of the EPC Contracting States (a "non-European party") "must be represented by a professional representative and act through him in all proceedings", except for filing

206-648: A "Euro-PCT application" and the EPO is said to act as a designated or elected Office. In case of conflict between the provisions of the EPC and those of the PCT, the provisions of the PCT and its Regulations prevail over those of the EPC. Twelve EPC Contracting States, namely Belgium , Cyprus , France, Greece , Ireland, Latvia , Malta , Monaco , Montenegro , the Netherlands , San Marino , and Slovenia , have "closed their national route". This means that, for these countries, it

309-573: A European patent a term of 20 years from the filing date, the filing date being the actual date of filing an application for a European patent or the date of filing of an international application under the PCT designating the EPO. The filing date is not necessarily the priority date , which can be up to one year earlier. The term of a granted European patent may be extended under national law if national law provides term extension to compensate for pre-marketing regulatory approval. For EEA member states this

412-591: A European patent application can be filed as long as the latter is still pending. European divisional applications must be filed directly or by post with one of the filing offices of the EPO, i.e. at the European Patent Office at Munich, The Hague, or Berlin. It may also be filed using the so-called epoline online filing software . The filing of a European divisional application with a national authority has no effect in law. The grant proceedings may be stayed if national proceedings have been instituted before

515-427: A European patent application can be requested, there are no provisions in the EPC which would permit any delaying of the publication. There is indeed an overriding public interest in the timely publication of the application. As from its publication, a European patent application may confer to the applicant some provisional rights in the contracting states designated in the application. These rights include at least

618-424: A European patent application. Proceedings include grant proceedings (as applicant ), opposition proceedings (as patentee, opponent or intervener pursuant to Article 105 EPC ), limitation and revocation proceedings (as patentee), and appeal proceedings (as appellant or respondent). Representation of persons who must be represented and persons who need not be represented but want to be represented must be by

721-517: A European patent are the documents in the language of the proceedings. All other substantive rights attached to a European patent in a Contracting State, such as what acts constitute infringement (indirect and divided infringement, infringement by equivalents, extraterritorial infringement, infringement outside the term of the patent with economic effect during the term of the patent, infringement of product claims by processes for making or using, exports, assembly of parts into an infringing whole, etc.),

824-546: A European patent law aimed at a "European patent". His plan was however not found to be practicable by the Council's Committee of Experts in patent matters. The meetings of the Committee nevertheless led to two Conventions, one on the formalities required for patent applications (1953) and one on the international classification of patent (1954). The Council's Committee then carried on its work on substantive patent law, resulting in

927-475: A European patent takes effect on the date on which the mention of the grant is published in the European Patent Bulletin . The Examining Division is then bound by its final decision on an application, which can be set aside only following an admissible, allowable appeal. The decision to grant ends the examination procedure. The European patent is then published in the language of the proceedings (i.e.,

1030-562: A UK resident to file an overseas patent application for inventions in certain sensitive technical areas without obtaining clearance through the United Kingdom Intellectual Property Office first. European patent applications cannot be validly filed at the EPO in Vienna , Austria . Within one month after the filing of an application, a filing fee and a search fee are due. Additional fees may also be due depending on

1133-551: A group pursuant to two types of unified, post-grant procedures: a time-limited opposition procedure , which can be initiated by any person except the patent proprietor, and limitation and revocation procedures , which can be initiated by the patent proprietor only. The EPC provides a legal framework for the granting of European patents, via a single, harmonised procedure before the European Patent Office (EPO). A single patent application , in one language, may be filed at

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1236-478: A meaningful search is not considered possible by the Search Division. Before the search, communications between the search division and the applicant were not foreseen prior to April 1, 2010. However, under new Rules 62a and 63 EPC, if there are more than one independent claim per claim category (and if the provisions of Rule 43(2) EPC are considered not to be met) or if the search division considers that it

1339-526: A modular system, held online with some exams being available more than once a year, was discussed at a conference of the European Patent Institute on 21 June, 2021. As of November 2010, there were a little more than 10,000 persons on the list of professional representatives, "just less than 1500" "legal practitioners entitled to represent before the EPO", and "about 300 patent law firms, which are registered as „associations of representatives“ within

1442-464: A national court or authority by a third party seeking a judgment recognizing its entitlement to the grant of the European patent in lieu of the applicant on record. However, grant proceedings are not stayed before the publication of the application. If a final decision is issued recognizing the entitlement of the third party to the grant of the European patent, the third party may Under Rule 14(3) EPC ,

1545-476: A notice of withdrawal after the withdrawal has been registered and notified to the public in the European Patent Bulletin, since in that case the retraction of withdrawal would adversely affect the public interest or the interests of third parties. An Examining Division is normally made up of three technically qualified examiners: a primary examiner, who draws up the search report and conducts most of

1648-469: A patent. To avoid publication, the withdrawal must occur before "the termination of the technical preparations for publication". Another reason for withdrawing an application may be to obtain a refund of the search fee and/or examination fee, if it has been decided not to pursue the application further. According to the EPO Guidelines, The Boards of Appeal have dealt in a great number of decisions with

1751-640: A period in the late-1990s, national courts issued cross-border injunctions covering all EP jurisdictions, but this has been limited by the European Court of Justice . In two cases in July 2006 interpreting Articles 6.1 and 16.4 of the Brussels Convention , the European Court of Justice held that European patents are national rights that must be enforced nationally, that it was "unavoidable" that infringements of

1854-458: A professional representative, or, if the party is a "European party", the representation may be by an authorised employee or by a legal practitioner . A legal practitioner representing a party before the EPO must be qualified in an EPC Contracting State, must have his place of business in that State, and must be entitled in that State to act as a professional representative in patent matters. Both authorised employees and legal practitioners "must file

1957-478: A request for accelerated prosecution. Under the so-called "Bringing Examination and Search Together" programme or BEST programme (also referred to as "BEST system"), the EPO's examination procedure was reorganized in 1990, with the primary examiner of the Examining Division being the examiner who had carried out the search. Withdrawal of an application is the gravest procedural step that can be taken, since

2060-444: A signed authorisation or a reference to a general authorisation already on file". Subject to these rules, a party has the right to be represented in the manner he chose. Professional representatives bear the title of European patent attorney . In order to be a European patent attorney, one must: Formerly being a qualified or experienced patent attorney at the entry into force of the EPC in their state provided exemption from passing

2163-461: A written, online request ("PACE request") must be filed, using a "dedicated request form (EPO Form 1005)", to request acceleration under the PACE programme. The PACE requests are excluded from public inspection. As of 2009, accelerated processing under PACE was reported to be requested in only 6.3% of files. An enquiry by the applicant to know when the next communication is to be expected is not regarded as

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2266-423: Is susceptible of industrial application . In addition, the invention must be sufficiently disclosed in the application, and the claims must be clear and concise . Unless the application is directly ready for grant, communications under Article 94(3) EPC are issued by the Examining Division and notified to the applicant or the appointed representative. In such communications, the Examining Division invites

2369-417: Is a specific and codified part of the procedural right to be heard. A decision is typically rendered at the end of the oral proceedings. A decision by an Examining Division to refuse a European patent application, like any other final decisions of first instance divisions, is appealable . If the Examining Division reaches the conviction that the European patent application satisfies all the requirements of

2472-410: Is also considered sufficient. Starting 2012, after 2 years of related work experience, candidates can sit the pre-examination, which is a 4-hour multiple choice exam held once a year. The pre-examination assesses candidates' ability to answer legal questions and questions relating to the drafting of claims (IPREE, Rule 10). A passing grade of 70 marks out of 100 must be achieved to be permitted to write

2575-489: Is by means of a supplementary protection certificate (SPC). A European patent application may result from the filing of an international application under the Patent Cooperation Treaty (PCT), i.e. the filing of a PCT application, and then the entry into "European regional phase", i.e. the transition from the international to the European procedural stages. The European patent application is therefore said to be

2678-512: Is filed to the search opinion, the application is deemed to be withdrawn. The search opinion is therefore a conventional office action with a given time period to respond. All the Contracting States party to the EPC at the time of filing of a European patent application are deemed to be designated in the request for grant of a European patent, i.e. upon filing of the application. A flat designation fee must then be paid within six months of

2781-464: Is granted or more precisely within three months from the date of grant, the European patent must also be translated in an official language of each country in which the patentee wants patent protection –unless a translation is not required by application of the London Agreement . If the translation of the European patent is not provided to the national patent office within the prescribed time limit,

2884-468: Is held once a year, usually at the end of February or beginning of March, simultaneously in various cities throughout Europe. In 2013 for instance, it was held in Berlin , Bern , Bristol , Helsinki , Madrid , Munich , Paris , Rome , Stockholm , Taastrup and The Hague . Dictionaries and reference material can be used during the examination "as long as they are in paper form". The use of electronic devices

2987-508: Is however not permitted. The marking of the Paper C of the EQE 2007, including awarding no point when candidates failed to select the "right" starting document (for assessing the inventive step of some claims) and the blanket addition of 10 points to the grade of all C papers, was strongly criticized. In 2021, the EQE was held online for the first time. A proposal to change the format of the EQE exams into

3090-413: Is impossible to carry out a meaningful search based on the subject-matter claimed, communications between the search division and the applicant are possible. Under Rule 137(1) EPC however, no amendments to the application can be made before the search "unless otherwise provided". Along with the search report, a search opinion is also established. The search opinion and the search report form together

3193-424: Is not dealt with as a European patent application. If the European patent application has been accorded a date of filing, but if there are other formal deficiencies, the applicant is offered an opportunity to correct these deficiencies. If the deficiencies are not corrected, the European patent application is refused, unless a different legal consequence applies. Oral proceedings may exceptionally take place before

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3296-766: The Convention on the Grant of European Patents of 5 October 1973, is a multilateral treaty instituting the European Patent Organisation and providing an autonomous legal system according to which European patents are granted. The term European patent is used to refer to patents granted under the European Patent Convention. However, a European patent is not a unitary right, but a group of essentially independent nationally enforceable, nationally revocable patents, subject to central revocation or narrowing as

3399-421: The London Agreement is in force the requirement to file a translation of the European patent has been entirely or partially waived. If a translation is required, a fee covering the publication of said translation may be due as well. Almost all attributes of a European patent in a Contracting State, i.e. ownership, validity, and infringement, are determined independently under respective national law, except for

3502-700: The United Kingdom , and Montenegro are party to the EPC but are not members of the EU. Further, the EU is not a party to the EPC, although all members of the EU are party to the EPC. The Convention is, as of October 2022, in force in 39 countries. Montenegro became the 39th Contracting State on 1 October 2022. A diplomatic conference was held in November 2000 in Munich to revise the Convention, amongst other things to integrate in

3605-430: The international search report (or a supplementary international search report ). If a supplementary European search is performed, the applicant must reply to the search opinion contained in the supplementary European search report. If no supplementary European search is performed, the applicant must reply to the written opinion accompanying the international search report or, if an international preliminary examination

3708-403: The Contracting States which have "prescribe[d] that if the text, in which the European Patent Office intends to grant a European patent (...) is not drawn up in one of its official languages, the applicant for or proprietor of the patent shall supply to its central industrial property office a translation of this text in one of its official languages at his option or, where that State has prescribed

3811-402: The Convention, Article 52(1) EPC, entitled " Patentable inventions ", states: European patents shall be granted for any inventions, in all fields of technology, providing that they are new , involve an inventive step , and are susceptible of industrial application . This article constitutes the "fundamental provision of the EPC which governs the patentability of inventions". However,

3914-448: The EP national phase is often called a "Euro-PCT application". For the entry into EP phase, a translation of the international application in one of the EPO official languages (English, French or German) must be filed if the international application was not already in one of these languages. The EPO performs, for each Euro-PCT application, a supplementary European search unless the EPO prepared

4017-679: The EPC new developments in international law and to add a level of judicial review of the Boards of Appeal decisions. The revised text, informally called the EPC 2000 , entered into force on 13 December 2007. Throughout the history of the EPC, some non-contracting States have concluded cooperation agreements with the European Patent Organisation, known as extension or validation agreements. These states then became "extension states" or "validation states", which means that European patents granted by

4120-497: The EPC provides further indications on what is and is not patentable. Specifically, the EPC sets forth exclusions under Article 52(2) and (3) EPC and exclusions under Article 53 EPC. First, discoveries , scientific theories , mathematical methods, aesthetic creations, schemes, rules and methods for performing mental acts, playing games or doing business, programs for computers and presentations of information are not regarded as inventions and are excluded from patentability only to

4223-443: The EPC requires that national courts must consider the "direct product of a patented process" to be an infringement. The "extent of the protection" conferred by a European patent is determined primarily by reference to the claims of the European patent (rather than by the disclosure of the specification and drawings , as in some older patent systems), though the description and drawings are to be used as interpretive aids in determining

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4326-408: The EPC so that a European patent may be granted, it issues a communication under Rule 71(3) EPC . By issuing such a communication, the Examining Division informs the applicant of the intention to grant a patent based on the prosecuted application. The claims must then be translated in the other two official languages of the EPO, and fees for grant and publishing must be paid. If the applicant pays

4429-423: The EPC, the application is refused. As mentioned above, as any other first instance decision terminating the proceedings, a decision to refuse an application is appealable. If an appeal is lodged against the decision of refusal and if the Examining Division regards the appeal to be admissible and well founded, the Examining Division has to rectify its decision. This is called an "interlocutory revision". Otherwise,

4532-414: The EPC. During the prosecution phase, a European patent is a single regional proceeding, and "the grant of a European patent may be requested for one or more of the Contracting States." All Contracting States are considered designated upon filing of a European patent application. and the designations need to be "confirmed" later during the procedure through the payment of designation fees. Once granted by

4635-412: The EPO at Munich , Germany , at The Hague , Netherlands , at Berlin , Germany, or "if the law of a Contracting State so permits, at the central industrial property office or other competent authority of that State". This latter provision is important in some countries. For example, in the United Kingdom , it used to be required to obtain clearance for all inventions but now it is only prohibited for

4738-409: The EPO establish search reports, named "European search reports", on the basis of the claims, "with due regard to the description and any drawings". The European search report established for a patent application is transmitted to the applicant together with copies of any cited documents. In exceptional cases, a declaration that no search report can be performed is issued, for example because carrying

4841-599: The EPO in Munich , at its branch in The Hague , at its sub-office in Berlin , or at a national patent office of a Contracting State, if the national law of the State so permits. In September 1949, French Senator Henri Longchambon proposed to the Council of Europe the creation of a European Patent Office. His proposal, known as the "Longchambon plan", marked the beginning of the work on

4944-493: 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 application by the applicant, or its deemed withdrawal. The prosecution of European patent applications until grant typically takes several years. European patent applications can be filed at

5047-465: The EPO may be extended to those countries through the payment of additional fees and completion of certain formalities. Such cooperation agreements are concluded by the President of the European Patent Office on behalf of the European Patent Organisation pursuant to Article 33(4) EPC, are not based on a "direct application of the EPC but solely on national law modelled on the EPC", and exist to assist with

5150-402: The EPO so that, in effect, this state can be designated in a European patent application. Several other "extension states" have since become states parties to the EPC. Furthermore, so-called "validation agreements" with Morocco, Moldova, Tunisia, and Cambodia are also in effect since 1 March 2015, 1 November 2015, 1 December 2017, and 1 March 2018, respectively. A further validation agreement

5253-418: The EPO, a European patent comes into existence effectively as a group of national patents in each of the designated Contracting States. There are only two types of centrally executed procedures after grant, the opposition procedure and the limitation and revocation procedures . The opposition procedure, governed by the EPC, allows third parties to file an opposition against a European patent within 9 months of

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5356-514: The EQEs (known as the "grandfather clause"). In December 1998, the ratio of registrations under the grandfather clause to those having passed the EQE was two to one. On 29 November 2000, this clause was removed from the EPC. In order to sit the EQE, candidates should notably show that "they possess a university-level scientific or technical qualification." An equivalent level of scientific or technical knowledge obtained through at least ten years' experience

5459-405: The European Patent Bulletin". Renewal fees are payable to the European Patent Office in respect of pending European patent applications in respect of the third year from the date of filing. These fees are paid in advance of the year in which they are due (such that the renewal fee for the third year falls due two years from the date of filing) and fall due on the last day of the month containing

5562-413: The European Patent Office may resume the grant proceedings at any time "regardless of the stage reached in the national proceedings", taking all valid interests into account. The proceedings may also be interrupted under Rule 142 EPC in the event that "an applicant for (or proprietor of) a European patent (...) is temporarily unable to act in proceedings before the European Patent Office", such as in

5665-497: The European patent is granted and confers rights in all its designated Contracting States at the date of mention of the grant, whether or not a prescribed translation is filed with a national patent office later on (though the right may later be deemed never to have existed in any particular State if a translation is not subsequently filed in time, as described below). A translation of a granted European patent must be filed in some EPC Contracting States to avoid loss of right. Namely, in

5768-488: The President shall determine the cases in which an authorisation shall be filed," whereas "Rule 152(2) sets out that where a representative fails to file such an authorisation, the EPO shall invite him to do so within a period to be specified." "The Decision of the President ... states that in cases of a change of representation, and where the EPO has not been notified of the termination of the previous representative's authorisation, "the new representative must file, together with

5871-481: The Receiving Section, to give an opportunity to the applicant to be heard on an issue involving formality requirements. A European patent application is published as soon as possible "after the expiry of a period of eighteen months from the date of filing or, if priority has been claimed, from the date of priority", or "at the request of the applicant, before the expiry of that period". While early publication of

5974-429: The anniversary of the date of filing. After the publication of a European patent application, anyone can file observations regarding the patentability of the invention which is the subject of the application or, after grant, subject of the patent. This is a form of public participation in the examination of patent applications . A person filing observations during examination proceedings does not however become party to

6077-472: The appeal is remitted to the Board of Appeal "without delay, and without comment as to its merit". Once granted, a European patent effectively comes into existence as a group of national patents in each of the designated Contracting States, and the European patent is enforceable on a country-by-country basis. The European patent may be centrally opposed at the EPO before the expiry of a nine-month period following

6180-441: The applicant to reply within a given period, by correcting the "deficiencies noted and [amending] the description, claims and drawings", where appropriate. If amendments are filed, the amendments must not extend the content of the application as filed, or, in other words, there must not be any added subject-matter . In that context, the applicant is master of its own application in that the decision to amend or not, and how to amend

6283-415: The application becomes dead without possibility of revival. A European patent application may be withdrawn at any time by the applicant, except when a third party has initiated proceedings concerning entitlement to the grant of the European patent. One reason for withdrawing an application may be to avoid its publication, if for instance it has been decided to keep the invention secret instead of applying for

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6386-417: The application may be withdrawn at any time). If no examination request is made, the application is deemed to be withdrawn. The substantive examination of European patent applications includes the examination of patentability of the claimed invention , i.e. whether the invention is not excluded as unpatentable subject-matter by policy, whether the invention is new , involves an inventive step , and

6489-536: The application, is a decision of the applicant alone (although the Examining Division may apply pressure to have amendments made). During examination, oral proceedings may take place at the EPO's own behest or at the request of the applicant. They are held before the Examining Division itself, in Munich or the Hague, and are not public, in contrast to oral proceedings in opposition , which are public unless very particular circumstances apply. The right to oral proceedings

6592-452: The association. The Legal Division of the EPO is in charge of the registration of associations. The registration is free of charge. The "procedure to be followed [with respect to a change of representation] is governed by Rule 152 EPC in combination with the Decision of the President of the European Patent Office dated 12 July 2007 on the filing of authorisations." "Rule 152(1) sets out that

6695-481: The authorisation has to be filed. 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

6798-408: The correspondence (written or on the telephone) with the applicant; a Chairman who has overall control of the examination of the application and who chairs any oral proceedings that are held; and a second examiner who is responsible for taking the minutes of any oral proceedings. All three members have a vote on any issues that have to be decided, including the main decision of whether to allow or refuse

6901-406: The date of filing. The official language of filing (or of the translation) becomes the "language of proceedings" and is used by the EPO for communications. The examination of whether the requirements for the accordance of a filing date and other formal requirements are satisfied is carried out by the EPO in accordance with Article 90 EPC . If a date of filing cannot be accorded, the application

7004-404: The date of grant of that patent. It is a quasi-judicial process, subject to appeal, which can lead to maintenance, maintenance in amended form or revocation of a European patent. Simultaneously to the opposition, a European patent may be the subject of litigation at a national level (for example an infringement dispute). National courts may suspend such infringement proceedings pending outcome of

7107-428: The date on which the European Patent Bulletin mentions the publication of the European search report. Under Article 94(1) EPC and Rule 70(1) EPC , an examination request must also be made within six months from the date on which the European Patent Bulletin mentions the publication of the European search report. The examination fee is also due at that time. The examination request may not be withdrawn (although

7210-449: The effect of prosecution history on interpretation of the claims, remedies for infringement or bad faith enforcement (injunction, damages, attorney fees, other civil penalties for wilful infringement, etc.), equitable defences, coexistence of an EP national daughter and a national patent for identical subject matter, ownership and assignment, extensions to patent term for regulatory approval, etc., are expressly remitted to national law. For

7313-461: The establishment of national property rights in these states. As is the case in EPO contracting states, the rights conferred to European patents validated/extended to these states are the same as national patents in those states. However, the extension of a European patent or patent application to these states is "not subject to the jurisdiction of the [EPO] boards of appeal." As of October 2022, Bosnia and Herzegovina has an extension agreement with

7416-407: The event of "the death or legal incapacity of the applicant for or proprietor of a European patent" or, if "the applicant for or proprietor of a patent, as a result of some action taken against his property, [is] prevented by legal reasons from continuing the proceedings". The interruption is declared ex officio by the EPO, is retroactive (even if the EPO declares the interruption several years after

7519-424: The extent that the invention relates to those areas as such . This is "a negative, non-exhaustive list of what should not be regarded as an invention within the meaning of Article 52(1) EPC." (For further information, see also: Software patents under the EPC ). The second set of exclusions, or exceptions, include: The Convention also includes provisions setting out filing requirements of European applications,

7622-478: The father of the European Patent Organisation, and François Savignon played a decisive role. The Convention was officially signed by 16 countries on 5 October 1973. The Convention entered into force on 7 October 1977 for the following first countries: Belgium , Germany (then West Germany ), France, Luxembourg , the Netherlands , Switzerland and the United Kingdom, and on 1 May 1978 for Sweden . However,

7725-429: The fees for grant and publishing and files the translation of the claims in due time, he is deemed to have been approved the text intended for grant. If not, the European patent application is deemed to be withdrawn. The time limit for paying the fees for grant and publishing, and for filing the translation of the claims is four months. This time limit is non-extendable. The decision of the Examining Division to grant

7828-534: The first patent applications were filed on 1 June 1978 (date fixed by the Administrative Council which held its first meeting on 19 October 1977). Subsequently, other countries have joined the EPC. The EPC is separate from the European Union (EU), and its membership is different; Switzerland , Liechtenstein , Turkey , Monaco , Iceland , Norway , North Macedonia , San Marino , Albania , Serbia ,

7931-521: 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

8034-478: The grant of centrally enforceable patents in all 39 countries, although the European Union patent would allow for unitary effect: centrally enforceability throughout 24 of the 27 countries of the European Union. The content of the Convention includes several texts in addition to the main 178 articles. These additional texts, which are integral parts of the Convention, are: One of the most important articles of

8137-401: The language used during the examination proceedings) together with a translation of the claims in the other two EPO official languages. The text of the published patent can always be brought into line with the text approved by the applicant if an error occurred when preparing the publication. In contrast, if the Examining Division considers that the application does not meet the provisions of

8240-490: The limit of 50, and a claims fee of 610 Euros for the 51st and each subsequent claim. European patent applications may be filed in any language, in accordance with Article 5 of the Patent Law Treaty (PLT). However, if an application is filed in a language other than one of the three official languages, namely English, French and German, a translation must be filed into one of the official languages within two months from

8343-432: The main exam (EQE) one year later (IPREE, Rule 6). The main European qualifying examination (EQE) is a multi-day examination, comprising four papers, for each of which there is at least one exam. Due to the introduction of the pre-examination in 2012, starting 2013, three papers of the main exam are shorter than their previous formats so that the EQE now consists of the following papers: The European qualifying examination

8446-400: The meaning of Rule 152(11) EPC ". As of January 2013, there were precisely 10,427 professional representatives. Under Rule 152(11) EPC , an association of professional representatives may be formed to collectively represent a party or parties before the EPO. In such a case, the authorisation of an association of representatives is deemed to apply to any representative who practises within

8549-456: The meaning of the claims. A "Protocol on the Interpretation of Article 69 EPC" provides further guidance, that claims are to be construed using a "fair" middle position, neither "strict, literal" nor as mere guidelines to considering the description and drawings, though of course even the protocol is subject to national interpretation. The authentic text of a European patent application and of

8652-536: The notification of his appointment, an individual authorisation (original and one copy) or a reference to a general authorisation already on file. If he does not, he shall be requested to do so within a period to be specified by the European Patent Office."" The legal consequence of not filing an authorisation when requested to do so is that the procedural steps taken by the new representative are deemed not to have been taken. Authorisations, like priority documents , cannot be validly filed by facsimile. An original version of

8755-414: The occurrence of the loss of rights), and it allows the affected party to later remedy, when the proceedings are resumed, "any loss of rights which occurred during this period". The grant procedure before the EPO can also be initiated by filing an international (PCT) application and then entering the so-called EP national phase (also called "European phase"). An international application that has entered

8858-438: The opposition procedure, limitation procedure, and revocation procedure as discussed above. Though the EPC imposes some common limits, the EPC expressly adopts national law for interpretation of all substantive attributes of a European patent in a Contracting State, with a few exceptions. Infringement is remitted entirely to national law and to national courts. In one of its very few substantive interventions into national law,

8961-414: The opposition proceedings to avoid proceedings running in parallel and the uncertainties that may arise from that. In contrast to the unified, regional character of a European patent application, the granted European patent does not comprise, in effect, any such unitary character, except for the opposition procedure. In other words, one European patent in one Contracting State is effectively independent of

9064-615: The patent application. If the Examining Division is augmented with a legally qualified member, so that the Division consists of four members, then the Chairman has a casting vote. The EPO received its first application in 1978. The one millionth application was published on May 17, 2000, and two millionth one on December 10, 2008. Over 70% of the patent applications filed in 1991 have been finally granted. European Patent Convention The European Patent Convention ( EPC ), also known as

9167-472: The patent is deemed to be void ab initio in the corresponding country. The patent proprietor may also file a request for unitary effect at the EPO to obtain a European patent with unitary effect in the countries participating the Unified Patent Court Agreement (UPCA). The request for unitary effect "must be filed within one month of the date of publication of the mention of the grant in

9270-426: The procedure up to grant, the opposition procedure and other aspects relating to the prosecution of patent applications under the Convention. European patent applications may be filed in any language, but they are prosecuted only in one of the three official languages of the EPO – English, French and German. If an application is filed in another language than an official language, a translation must be filed into one of

9373-470: The proceedings. This notably means that such person has no right to attend oral proceedings before the Examining Division, which are not public. This contrasts with the filing of a post-grant opposition, wherein the opponent becomes party to the proceedings, therefore acquiring, notably, the right to be heard before any decision is taken. Observations by third parties, which must be filed in writing, may be filed by post or online. A divisional application of

9476-471: The publication of grant. Once the nine-month opposition period has ended, third parties wishing to challenge the validity of a European patent have to institute revocation proceedings in each country in which they wish to invalidate the European patent. Filing a revocation action at the Unified Patent Court (UPC) is also possible if the European patent has not been opted out . Once a European patent

9579-467: The question of whether the withdrawal of a European patent application can be retracted, because it was made erroneously. In particular, the Boards have held that the "withdrawal of a European patent application can only be retracted as long as the public has not been officially informed about the withdrawal". In other words, in the interests of legal certainty, it is generally too late to request retraction of

9682-413: The right for the applicant to "claim compensation reasonable in the circumstances from any person who has used the invention in that State in circumstances where that person would be liable under national law for infringement of a national patent." In relation to some contracting states however, a translation of the claims is required for the provisional rights to come into effect. The Search Divisions of

9785-491: The same European patent have to be litigated in each relevant national court, even if the lawsuit is against the same group of companies, and that cross-border injunctions are not available. Validity is also remitted largely to national law and national courts. Article 138(1) EPC limits the application of national law to only the following grounds of invalidity, and specifies that the standards for each ground are those of national law: The EPC requires all jurisdictions to give

9888-461: The same European patent in each other Contracting State, except for the opposition procedure. A European patent confers rights on its proprietor, in each Contracting State in respect of which it is granted, from the date of publication of the mention of its grant in the European Patent Bulletin . That is also the date of publication of the B1 document, i.e. the European patent specification. This means that

9991-566: The signature of the Strasbourg Patent Convention in 1963. In 1973, the Munich Diplomatic Conference for the setting up of a European System for the Grant of Patents took place and the Convention was then signed in Munich (the Convention is sometimes known as the "Munich Convention"). The signature of the Convention was the accomplishment of a decade-long discussion during which Kurt Haertel , considered by many as

10094-417: The size of the application and the number of claims . Namely, if the application comprises more than 35 pages, an additional fee is due (of 16 Euros, as of August 2021) for the 36th and each subsequent page. Furthermore, if the application contains more than fifteen claims at the time of filing, claim fees are due. As of August 2021, a claims fee of 245 Euros is due for the 16th and each subsequent claim up to

10197-408: The so-called extended European search report. Before April 1, 2010, a response to the search opinion was optional. Currently however, under new Rule 70a EPC, a reply to the search opinion is mandatory, within six months "after the date on which the European Patent Bulletin mentions the publication of the European search report" (which is also the time limit for requesting examination). If no reply

10300-418: The three official languages, within two months from the date of filing. The official language of filing (or of the translation) is adopted as the "language of proceedings" and is used by the EPO for communications. European patent applications are prosecuted in a similar fashion to most patent systems – the invention is searched and published, and subsequently examined for compliance with the requirements of

10403-501: The use of one specific official language, in that language". The European patent is void ab initio in a designated Contracting State where the required translation (if required) is not filed within the prescribed time limit after grant. In other Contracting States, no translation needs to be filed, for example in Ireland if the European patent is in English. In those Contracting States where

10506-532: Was performed, to the International Preliminary Examination Report (Chapter II). The programme for accelerated prosecution of European patent applications, or PACE programme, "enables applicants who want their applications processed rapidly to obtain the European search report plus opinion under Rule 62(1) EPC , the first examination report and any communication under Rule 71(3) EPC within tight deadlines". As of January 1, 2016,

10609-598: Was signed with Georgia on 31 October 2019 and entered into force on 15 January 2024. The European Patent Convention is "a special agreement within the meaning of Article 19 of the Convention for the Protection of Industrial Property , signed in Paris on 20 March 1883 and last revised on 14 July 1967, and a regional patent treaty within the meaning of Article 45, paragraph 1, of the Patent Cooperation Treaty of 19 June 1970." The European Patent Convention currently does not lead to

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