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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.
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 ...
The European Patent Office (EPO) is in charge of granting European patents. The grant procedure before the EPO is administrative procedure, which notably involves a substantive examination of the European patent application, [14] in accordance with the legal provisions of the European Patent Convention (EPC).
There is no general obligation for a party to be represented by a professional representative to act in proceedings before the EPO. However, a person not having either their residence or place of business within the territory of one of the EPC Contracting States (a "non-European party") "must be represented by a professional representative and act through him in all proceedings", except for ...
The opposition procedure before the European Patent Office (EPO) is a post-grant, contentious, [1] inter partes, administrative [2] procedure intended to allow any European patent to be centrally opposed.