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The EPC requires that national courts must consider the "direct product of a patented process" to be an infringement. Article 64(2) EPC reads: If the subject-matter of the European patent is a process, the protection conferred by the patent shall extend to the products directly obtained by such process.
The Guidelines for Examination in the European Patent Office (or, for short, the EPO Guidelines) are general instructions, for the examiners working at the European Patent Office (EPO) as well as for the parties interacting with the EPO, [notes 1] on the practice and procedure at the EPO in the various aspects of the prosecution of European patent applications and European patents.
The purpose of the EPO opposition proceedings is to give members of the public, such as competitors of the patent proprietor, the opportunity to challenge centrally before the EPO the validity of a granted European patent. [8] [notes 1] No commercial or any other interest whatsoever need be shown. [3]
Under the European Patent Convention, when a claim in one particular category (see below), e.g. a process claim, depends on a claim from a different category, e.g. a product claim, it is not considered to be a dependent claim but an independent claim. Under U.S. law, this is still counted as a dependent claim, regardless of the class change.
The grant procedure before the European Patent Office (EPO) is an ex parte, administrative procedure, which includes the filing of a European patent application, [1] the examination of formalities, [2] the establishment of a search report, [3] the publication of the application, [4] its substantive examination, [5] and the grant of a patent, [6 ...
EPO headquarters in Munich, Germany, where the Boards of Appeal were based until 2017.. Decisions of the first instance departments of the European Patent Office (EPO) can be appealed, i.e. challenged, before the Boards of Appeal of the EPO, in a judicial procedure (proper to an administrative court), as opposed to an administrative procedure. [1]
This is a list of decisions and opinions of the Enlarged Board of Appeal of the European Patent Office (EPO) in chronological order of their date of issuance. The list includes decisions under Article 112(1)(a) EPC (following a referral from a Board of Appeal), opinions under Article 112(1)(b) EPC (following a referral from the President of the EPO), "to ensure uniform application of the law ...
The EPO is neither a European Union nor a Council of Europe institution. [1] A patent granted by the EPO can be turned either into a bundle of independent national European patents enforceable before national courts according to different national legislations and procedures, [ 2 ] or into a European unitary patent covering multiple countries ...