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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 standard patent application is a patent application containing all of the necessary parts (e.g. a written description of the invention and claims) that are required for the grant of a patent. A standard patent application may or may not result in the grant of a patent depending upon the outcome of an examination by the patent office it is ...
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.
A European patent is the product of a unified grant procedure before the EPO under procedures established by the European Patent Convention (EPC). Before grant, a European patent application is a unitary legal entity. However, after grant, a "European patent" essentially ceases to have unitary character.
However, the extension of a European patent or patent application to these states is "not subject to the jurisdiction of the [EPO] boards of appeal." [26] As of October 2022, Bosnia and Herzegovina has an extension agreement with the EPO so that, in effect, this state can be designated in a European patent application. Several other "extension ...
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 ...
Article 84 of the European Patent Convention (EPC) [1] specifies that the "matter" for which patent protection is sought 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]