Patent Protection in Europe - PowerPoint PPT Presentation

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Patent Protection in Europe

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In one of the official languages (English, French, German) ... Translations. national Phase. after. 18 months. Seminar Industrial Property Protection ... – PowerPoint PPT presentation

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Title: Patent Protection in Europe


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
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4
3 new member states which will join the EPC soon
LV
LT
PL
Lithuania
Latvia
Poland
5
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  • 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
7
The EPOs Mission
To examine patent applications To grant
patents To publish and disseminate patent
information
8
Applications 1995 to 2002
9
Topics of this presentation
  • Introduction to the EPO
  • General issues
  • Filing
  • Search and examination
  • Granting
  • Opposition
  • Appeal
  • Summary

10
What is a patent?
  • A patent is a legal title granting its holder
    the exclusive right to make use of an invention
    for a limited area and time by stopping others
    from, among other things,
    making, using or selling it without
    authorisation.

11
National procedures
Invention
Application
CZ-Patent
Application
AT-Patent
Application
SE- Patent
12
European procedure (EP)
Invention
Application
up to 27 national patents
EPO Grant
National Phase
European phase
13
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
14
Topics of this presentation
  • Introduction to the EPO
  • General issues
  • Filing
  • Search and examination
  • Granting
  • Opposition
  • Appeal
  • Summary

15
Filing the application
  • 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)

16
Filing the application
  • In countries where the EPC has entered into force
    the contracting (designating) states
  • In one of the official languages (English,
    French, German)
  • For whichcountries?
  • In which language?

17
Filing the application
  • 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
  • Items to file

18
Filing the application
  • 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
  • Claim topriority

19
Filing the 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

20
Filing the 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

21
Further detailed information via the EPO website
  • www.epo.org

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23
Topics of this presentation
  • Introduction to the EPO
  • General issues
  • Filing
  • Search and examination
  • Granting
  • Opposition
  • Appeal
  • Summary

24
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

25
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

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Search and examination
  • Code letters in the search report indicatingX
    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

28
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)

29
Topics of this presentation
  • Introduction to the EPO
  • General issues
  • Filing
  • Search and examination
  • Granting
  • Opposition
  • Appeal
  • Summary

30
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

31
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

32
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.

33
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.

34
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

35
Granting
10 Withdrawn after search report
65 Patents granted 6.2 opposed
25 rejected or withdrawn during examination
36
Topics of this presentation
  • Introduction to the EPO
  • General issues
  • Filing
  • Search and examination
  • Granting
  • Opposition
  • Appeal
  • Summary

37
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

38
Topics of this presentation
  • Introduction to the EPO
  • General issues
  • Filing
  • Search and examination
  • Granting
  • Opposition
  • Appeal
  • Summary

39
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

40
Topics of this presentation
  • Introduction to the EPO
  • General issues
  • Filing
  • Search and examination
  • Granting
  • Opposition
  • Appeal
  • Summary

41
Fees
  • Application fee 125
  • Search fee 690
  • Designation fee 75 per country, maximum
    7 times
  • Examination fee 1430
  • Fee for grant 715
  • Annual fee 34 year 785
  • Total up to grant 4270
  • Opposition fee 610
  • Fee for appeal 1020

42
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43
Overview of the patent procedure at the EPO
Application
12 month
Formalities
Further applications (Priority)
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
44
Thank you for your attentionQuestions
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