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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 ...
Since June 2012, [3] the Guidelines comprise eight parts, relating respectively to the formalities examination (Part A), the search (Part B), the procedural aspects of substantive examination (Part C), the opposition and limitation/revocation procedures (Part D), general procedural matters (Part E), the European patent application (Part F), patentability (Part G), and the amendments and ...
What has not been changed however is that a divisional application can by no means be filed after grant of a European patent, i.e. based on a European patent. A divisional application can only be filed based on a pending European patent application, provided that the provisions of Rule 36(1) EPC are met.
The European Convention relating to the formalities required for patent applications was signed at Paris on December 11, 1953. Its aim was to "simplify and unify, as far as it is possible, the formalities required by the various national legislations for patent applications ". [ 1 ]
A regional patent application is one which may have effect in a range of countries. The European Patent Office (EPO) is an example of a regional patent office. The EPO grants patents which can take effect in some or all countries contracting to the European Patent Convention (EPC), following a single application process.
The Patent Law Treaty (PLT) is a treaty adopted by the World Intellectual Property Organization signed on 1 June 2000 in Geneva, Switzerland, by 53 States and the European Patent Organisation (an intergovernmental organization). It entered into force on April 28, 2005.
A European patent application may result from the filing of an international application under the Patent Cooperation Treaty (PCT), i.e. the filing of a PCT application, and then the entry into "European regional phase", [77] i.e. the transition from the international to the European procedural stages.
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.
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