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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.
Guidelines for Examination in the EPO, section d : Guidelines for Opposition and Limitation/Revocation Procedures; Legal Research Service for the Boards of Appeal, European Patent Office, Case Law of the Boards of Appeal of the EPO (10th edition, July 2022), iv. c : "Opposition procedure"
This template creates an external link to a given section of the Guidelines for Examination in the European Patent Office (EPO) on the web site of the European Patent Office, by appending to the following URL:
[10] [11] According to the Guidelines, the request can even be filed after expiry of the patent. [12] However, the request may not be filed while opposition proceedings are pending. [13] Precedence, i.e. priority, is always given to opposition proceedings. [1] This prevents limitation from occurring where an opposition has already been lodged. [14]
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 ...
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 ...
Under the new rules, if the claims as filed in a European patent application contain a plurality of independent claims in the same claim category and if the EPO considers in that case that the claims therefore do not comply with Rule 43(2) EPC, the EPO may "invite the applicant to indicate, within a period of two months, the claims complying ...