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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 ...
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.
The EPC of 1973 made no provision for a limitation procedure, [6] and a fortiori no provision for centrally limiting a European patent before the EPO after the nine-month period for filing an opposition (nine months as from the date of grant of the European patent). The travaux préparatoires laid out the rationale for a limitation procedure:
During the grant procedure before the European Patent Office (EPO), divisional applications can be filed under Article 76 EPC out of pending earlier European patent applications.
After grant, "the interests of third parties are further protected by Article 123(3) EPC [in that] the patentee's right to amend the claims is limited by the scope of the granted patent." [ 25 ] According to Enlarged Board of Appeal decision G 2/88 , "it is the totality of the claims before amendment in comparison with the totality of the ...
The EPC provides a legal framework for the granting of European patents, [1] via a single, harmonised procedure before the European Patent Office (EPO). A single patent application , in one language, [ 2 ] may be filed at the EPO in Munich , [ 3 ] at its branch in The Hague , [ 3 ] [ notes 2 ] at its sub-office in Berlin , [ 5 ] or at a ...
Renewal fees are payable to the EPO in respect of pending European patent applications in respect of the third year from the date of filing. [1] These fees are paid in advance of the year in which they are due (such that the renewal fee for the third year falls due two years from the date of filing) and fall due on the last day of the month containing the anniversary of the date of filing. [2]
Under the European Patent Convention (EPC), any third party –i.e., essentially any person [notes 1] – may file observations on the patentability of an invention which is the subject of a European patent application or, after grant, subject of a European patent, [notes 2] especially to draw the attention of the European Patent Office (EPO) to some relevant prior art documents. [2]