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1 PD 4.5 Patent Information European The European Serving industry and the public
2 Dipl.-Ing. Heidrun Krestel Liaison Office Member States Co-operation Programmes and INPADOC PD 4.5 Patent Information European Filing the European Application
3 The European The European the patent granting authority for Europe
4 The European The European Patent Organisation European Patent Organisation European The executive body TheOffice'staskisto grant European patents. Administrative Council The legislative body Important functions: to adopt the budget to approve the President s actions in implementing the budget to amend the Implementing Regulations and Rules relating to Fees The Administrative Council consists of delegates from the member states.
5 Member states
6 Organisational structure of the European President's Office Council Secretariat Controlling Office Communication President Alain Pompidou (FR) Vice-President T. Hammer (DE) Directorate- General 1 Vice-President P. Kyriakides (CY) Directorate- General 2 Vice-President P. Messerli (CH) Directorate- General 3 Vice-President C. Edfjäll (SE) Directorate- General 4 Vice-President M. Desantes (ES) Directorate- General 5
7 Locations Headquarters Munich PschorrHöfe Branch at The Hague Headquarters Munich Isar building Brussels Bureau Vienna sub-office Berlin sub-office
8 The EPO s Mission To examine patent applications To grant patents To publish and disseminate patent information
9 Applications filed EP direct EURO-PCT regional phase
10 Granted patents Patents granted
11 What is a patent? A patent is a legal title granting its holder the exclusive right to make use of an invention for a limited area and time by stopping others from, among other things, making, using or selling it without authorisation.
12 National procedures Invention Application EE-Patent AT-Patent Application Application SE- Paten
13 International procedure (PCT) Invention Application 182 membe states search and optional preliminary examination, no patent grant as such, entering the regional or national phase with 30 months delay after first filing
14 European procedure (EP) Invention Application up to 31 membe states EPO Grant European phase National Phase
15 Steps in the European patent procedure Filing Search and examination Granting Opposition Appeal
16 Filing the application Who can file? Any natural or legal person, join applicants Where to file? at EPO premises in Munich, The Hague and Berlin at the central industrial property office or other competent authorities in that Contracting State (depending on the nationa law)
17 Filing the application For which countries? In countries where the EPC has entered into force = the contracting (designating) states In which language? In one of the official languages (English, French, German)
18 Filing the application Items to file Request for grant of a European patent Description of the invention Claim(s) Drawing(s) referred to the description or the claims Abstract Claim to priority
19 Filing the application Claim to priority Priority may be claimed for a European patent application by a person who in 12 month prior to the filing of the European application has filed an application of a patent or registration of a utility model in respect of the same invention in a state which is party of the Paris Convention for the Protection of Industrial Property
20 Filing the application Requirements concerning the presentation of the invention Disclosure of the invention Unity of invention Description: indication of technical field of the invention background state of the art definition of the technical problem and its solution description of the figures description of the way to carry out the invention indication of industrial application
21 Filing the application Requirements concerning the presentation of the invention Claims: define the matter of protection usually comprises two parts, the prior art portion and the characterising portion Drawings: must correspond to description and claims Abstract: summary of the invention for technical information purposes
22 Online filing Online filing of EP and PCT applications online filing functionality via epoline Fee reduction for online filed applications as of 1 April 2004 ( 125 to 90)
23 PD 4.5 Patent Information Further detailed information via the EPO website
24
25 Steps in the European patent procedure Filing Search and examination Granting Opposition Appeal
26 Search and examination 1st step: Examination on filing / Formalities examination 2nd step: Search => Search report 3rd step: Substantive examination
27
28 Search and examination Code letters in the search report indicating: X particularly relevant document which, taken by itself destroys the novelty or inventive step of the subject-matter claimed Y particularly relevant document which, taken together with one or more other Y documents, indicates that the subject-matter claimed does not involve an inventive step A document gives information about the state of the art
29 Granting For an invention to be patentable it must be: Novel (no prior disclosure or use) EPC Art. 54 Inventive (not obvious to one skilled in the art) EPC Art. 56 Industrially applicable EPC Art. 57
30 Opposition Any person (public) Opposition period: nine months after mention of publication of grant Reasoned statement (grounds) In written (opposition form) with facts and evidence Payment of opposition fees Substantive examination of the opposition by the opposition division Oral proceedings Decision of the opposition division
31 Appeal Anyone adversely affected by a decision of the EPO may file an appeal to the Board of Appeal time limit two months after the date of notification of the respective decision written statement (grounds) last instance case law
32 Fees Application fee online filing 90 Application fee Paper filing 125 Search fee 690 Designation fee 75 per country, maximum 7 times Examination fee 1430 Fee for grant 715 Annual fee 3+4 year 785 Total up to grant 4270 Opposition fee 610 Fee for appeal 1020
33 13%
34 Overview of the patent procedure at the EPO The European Application 12 months Further or former applications (Priority) Formalities Search after 18 months Publication, Search Report Request for Examination max. 6 Months after search report Info Examination Reject Applicant EPO Third Parties Grant national Phase Patent Translations Info within 9 months Opposition
35 PD 4.5 Patent Information European Patent Office Thank you for your attention
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