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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:
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.
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 ...
An opposition proceeding is an administrative process available under the patent and trademark law of many jurisdictions which allows third parties to formally challenge the validity of a pending patent application ("pre-grant opposition"), of a granted patent ("post-grant opposition"), or of a trademark.
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 ...
PPO. The Preferred Provider Organization plan is the most popular for those with employment-based insurance (currently 47% of them, in fact). PPOs allow the most flexibility in that people can ...
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.