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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 ...
Since June 2012, [3] the Guidelines comprise eight parts, relating respectively to the formalities examination (Part A), the search (Part B), the procedural aspects of substantive examination (Part C), the opposition and limitation/revocation procedures (Part D), general procedural matters (Part E), the European patent application (Part F), patentability (Part G), and the amendments and ...
The European Convention relating to the formalities required for patent applications was signed at Paris on December 11, 1953. Its aim was to "simplify and unify, as far as it is possible, the formalities required by the various national legislations for patent applications ". [ 1 ]
A regional patent application is one which may have effect in a range of countries. The European Patent Office (EPO) is an example of a regional patent office. The EPO grants patents which can take effect in some or all countries contracting to the European Patent Convention (EPC), following a single application process.
Article 83 of the European Patent Convention (EPC) [1] relates to the disclosure of the invention under the European Patent Convention.This legal provision prescribes that a European patent application must disclose the invention (which is the subject of the European patent application) in a manner sufficiently clear and complete for it to be carried out by a person skilled in the art.
The Patent Law Treaty (PLT) is a treaty adopted by the World Intellectual Property Organization signed on 1 June 2000 in Geneva, Switzerland, by 53 States and the European Patent Organisation (an intergovernmental organization). It entered into force on April 28, 2005.
What has not been changed however is that a divisional application can by no means be filed after grant of a European patent, i.e. based on a European patent. A divisional application can only be filed based on a pending European patent application, provided that the provisions of Rule 36(1) EPC are met.
Article 84 of the European Patent Convention (EPC) [1] specifies that the "matter" for which patent protection is sought, i.e. requested, in an application - the purported invention - shall be stated ("defined") in the claims. This legal provision also requires that the claims must be clear and concise, and supported by the description. [1]