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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 ...
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.
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 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).
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.
EPO headquarters in Munich, Germany, where the Boards of Appeal were based until 2017.. Decisions of the first instance departments of the European Patent Office (EPO) can be appealed, i.e. challenged, before the Boards of Appeal of the EPO, in a judicial procedure (proper to an administrative court), as opposed to an administrative procedure. [1]