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An opposition can be based on the grounds that the subject-matter of the patent is not patentable (Article 100(a) EPC, for instance because the claimed invention is not new or not inventive), on the ground that the invention is insufficiently disclosed to allow a person skilled in the art to carry it out (Article 100(b) EPC), or on the ground ...
"An application which has been deemed to be withdrawn for non-payment of a renewal fee is not pending within the meaning of Rule 25(1) EPC 1973 in the period for filing a request for re-establishment of rights under Article 122 EPC 1973 in respect of such non-payment or in the period after which such an application is filed in the event of such ...
A divisional application is often filed as a result of a restriction requirement made by an examiner. [7] A restriction requirement may be issued if two or more independent and distinct inventions are claimed in a single application. [8] [9] In such cases, the examiner may require the application to be restricted to one of the independent ...
An existing application that has been denied registration because of a conflict with an existing mark may be converted into a concurrent use application against that existing mark. In either case, the applicant must assert that its mark was used in commerce before the owner of the existing registration, called the "senior registrant", had filed ...
An international application that has entered the EP national phase is often called a "Euro-PCT application". [99] 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. [99]
The European Patent Office (EPO) [notes 1] is one of the two organs of the European Patent Organisation (EPOrg), the other being the Administrative Council. [4] The EPO acts as executive body for the organisation [5] [6] while the Administrative Council acts as its supervisory body [5] as well as, to a limited extent, its legislative body.
[1] [9] The request may be filed at any time [1] throughout the entire term of the European patent. [10] [11] According to the Guidelines, the request can even be filed after expiry of the patent. [12] However, the request may not be filed while opposition proceedings are pending. [13] Precedence, i.e. priority, is always given to opposition ...
The European Patent Convention (EPC), also known as 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.