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"An application which has been deemed to be withdrawn for non-payment of a renewal fee is not pending within the meaning of Rule 25(1) EPC 1973 in the period for filing a request for re-establishment of rights under Article 122 EPC 1973 in respect of such non-payment or in the period after which such an application is filed in the event of such ...
An international application that has entered the EP national phase is often called a "Euro-PCT application". [99] For the entry into EP phase, a translation of the international application in one of the EPO official languages (English, French or German) must be filed if the international application was not already in one of these languages.
An opposition can be based on the grounds that the subject-matter of the patent is not patentable (Article 100(a) EPC, for instance because the claimed invention is not new or not inventive), on the ground that the invention is insufficiently disclosed to allow a person skilled in the art to carry it out (Article 100(b) EPC), or on the ground ...
[1] [9] The request may be filed at any time [1] throughout the entire term of the European patent. [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 ...
A divisional application is often filed as a result of a restriction requirement made by an examiner. [7] A restriction requirement may be issued if two or more independent and distinct inventions are claimed in a single application. [8] [9] In such cases, the examiner may require the application to be restricted to one of the independent ...
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 European Patent Office (EPO) [notes 1] is one of the two organs of the European Patent Organisation (EPOrg), the other being the Administrative Council. [4] The EPO acts as executive body for the organisation [5] [6] while the Administrative Council acts as its supervisory body [5] as well as, to a limited extent, its legislative body.
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 ...