Title: Patent Protection in Europe
1Patent Protection in Europe
Heidrun Krestel Liaison Officer Member
States Co-operation Programmes and
INPADOC European Patent Office
2Topics of this presentation
- Introduction to the EPO
- General issues
- Filing
- Search and examination
- Granting
- Opposition
- Appeal
- Summary
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43 new member states which will join the EPC soon
LV
LT
PL
Lithuania
Latvia
Poland
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6- 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
7The EPOs Mission
To examine patent applications To grant
patents To publish and disseminate patent
information
8Applications 1995 to 2002
9Topics of this presentation
- Introduction to the EPO
- General issues
- Filing
- Search and examination
- Granting
- Opposition
- Appeal
- Summary
10What 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.
11National procedures
Invention
Application
CZ-Patent
Application
AT-Patent
Application
SE- Patent
12European procedure (EP)
Invention
Application
up to 27 national patents
EPO Grant
National Phase
European phase
13International 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
14Topics of this presentation
- Introduction to the EPO
- General issues
- Filing
- Search and examination
- Granting
- Opposition
- Appeal
- Summary
15Filing 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)
16Filing 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?
17Filing 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
18Filing 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
19Filing 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
20Filing 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
21Further detailed information via the EPO website
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23Topics of this presentation
- Introduction to the EPO
- General issues
- Filing
- Search and examination
- Granting
- Opposition
- Appeal
- Summary
24Search 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
25Search 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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27Search 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
28Search 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)
29Topics of this presentation
- Introduction to the EPO
- General issues
- Filing
- Search and examination
- Granting
- Opposition
- Appeal
- Summary
30Granting
- 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
31Granting
- 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
32Granting
- 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.
33Granting
- 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.
34Granting
- 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
35Granting
10 Withdrawn after search report
65 Patents granted 6.2 opposed
25 rejected or withdrawn during examination
36Topics of this presentation
- Introduction to the EPO
- General issues
- Filing
- Search and examination
- Granting
- Opposition
- Appeal
- Summary
37Opposition
- 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
38Topics of this presentation
- Introduction to the EPO
- General issues
- Filing
- Search and examination
- Granting
- Opposition
- Appeal
- Summary
39Appeal
- 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
40Topics of this presentation
- Introduction to the EPO
- General issues
- Filing
- Search and examination
- Granting
- Opposition
- Appeal
- Summary
41Fees
- 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
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43Overview 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
44Thank you for your attentionQuestions