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European Patent Office - general presentation
The document summarizes a presentation given by the European Patent Office (EPO) about the European patent system and the EPO. It discusses the EPO grant procedure, quality initiatives, public patent information services, training programs, unitary patent plans, statistics on patent filings, and contact information. The presentation covered the EPO and European patent basics, examining patent applications and ensuring patent quality, making patents publicly accessible, and future developments like the unitary patent.
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European Patent Office - general presentation
- 1. EPO @ TechHubBucharest - 11 Sept. 2014 The European Patent Office and the patent system The European (EP) grant procedure and the International (PCT) route Patentability and Interacting with a patent examiner: Granting and Koen Lievens Andrei Stefan (September 2014) refusing of patent applications File inspection examples
- 2. • Introducing thespeakers Koen Lievens Telecom Director Concetta Larcinese Telecom Examiner Andrei Stefan Telecom Examiner Radu Apostolescu Telecom Examiner Franck Adkhis Telecom Examiner Georgios Orfanos Telecom Examiner
- 3. The European PatentOffice An introduction to the EPO and the European patent system EPO @ Tech hub 11 September 2014
- 4. • The EuropeanPatent Office and the patent system • The patent system • Basics • About us • Granting and publishing patents • Quality patents • Patents for the public • Training and awareness-raising events • The unitary patent • Statistics • Contact
- 5. Exceptions to patentabilityas defined by the EPC1) Plant or animal varieties Inventions whose commercial exploitation would be contrary to "ordre public" or morality (e.g. processes for cloning of human beings) Methods for treatment of the human or animal body by surgery or therapy and diagnostic methods 1) See Article 53 and Rule 28 EPC.
- 6. • One product= multiple patents and other IP rights EPO @ Tech hub 11 September 13 2014
- 7. • The EuropeanPatent Office and the patent system • The patent system • Basics • About us • Granting and publishing patents • Quality patents • Patents for the public • Training and awareness-raising events • The unitary patent • Statistics • Contact
- 8. • The EPO • As the patent office for Europe, we deliver the services defined under the European Patent Convention (EPC). The EPC provides the legal framework for the granting of European patents via a centralised procedure. • We provide patent protection in up to 40 European countries based on a single application in either English, French or German, our three official languages. • We are: – the second largest intergovernmental institution in Europe – not an EU institution – self-financing, i.e. revenue from fees covers operating and capital expenditure • The EPO has offices at five different locations. Its headquarters are in Munich.
- 9. • The EuropeanPatent Convention • 1973 – Diplomatic Conference in Munich ► EPC signed by 16 countries • 1977 – EPC enters into force in seven countries • 2011 – 38 member states Albania • Austria • Belgium • Bulgaria • Croatia • Cyprus • Czech Republic • Denmark • Estonia • Finland • France • Germany • Greece • Hungary • Iceland • Ireland • Italy • Latvia • Liechtenstein • Lithuania • Luxembourg • Former Yugoslav Republic of Macedonia • Malta • Monaco • Netherlands • Norway • Poland • Portugal • Romania • San Marino • Serbia • Slovakia • Slovenia • Spain • Sweden • Switzerland • Turkey • United Kingdom
- 10. European Union 28members European Patent Organisation 38 members + 2 extension states
- 11. • Structure ofthe European Patent Office Directorates-General Operations DG 1 Guillaume Minnoye Administration DG 4 Željko Topić Legal/International Affairs DG 5 Raimund Lutz President Benoît Battistelli Presidential area DG 0 Patent Administration Quality Management Information Management Human Resources General Administration Central Procurement European and International Co-operation Patent Law and Multilateral Affairs Legal Services Search Substantive Examination Opposition Business Services Operational Support DG 2 Alberto Casado Cerviño Appeals DG 3 Wim van der Eijk Patent Information and European Patent Academy
- 12. • Our staff Munich The Hague Berlin Vienna Brussels Total 3 746 2 650 272 105 4 6 777 Around 60% are patent examiners Source: EPO data 2013
- 13. • The EuropeanPatent Office and the patent system • The patent system • Basics • About us • Granting and publishing patents • Quality patents • Patents for the public • Training and awareness-raising events • The unitary patent • Statistics • Contact
- 14. • Three waysto start the European procedure European search and examination procedure European route Applicant files a direct European application = 1st filing National route Applicant files a national application International route Applicant files a PCT application Applicant files a European application = 2nd filing1) Application enters European phase European route National route International route 1) By claiming priority of an earlier application filed with a national office within 12 months
- 15. • The roleof the EPO in the European grant procedure • We provide patent protection – in up to 40 European countries – based on a single application – in one of the three official languages (English, French, German) • We are also responsible for – limitation and revocation proceedings by patentees – opposition proceedings by third parties – appeal proceedings before the boards of appeal • The EPO makes all patent documents available to the public
- 16. • The EPOalso processes international (PCT) applications • We act as a receiving office for international applications (PCT) • We carry out approximately: – 40% of all international search procedures – 48% of all international preliminary examinations • The EPO delivers the international search report within 3 months* * From the date of receipt of the application by the International Searching Authority.
- 17. • Basic stepsin the European grant procedure Filing Search Examination Grant Opposition Appeal Publication of the application and search report Publication of the patent specification
- 18. • The EuropeanPatent Office and the patent system • The patent system • Basics • About us • Granting and publishing patents • Quality patents • Patents for the public • Training and awareness-raising events • The unitary patent • Statistics • Contact
- 19. • Number onepatent office for quality Annual IP benchmarking survey 2012 conducted by IAM and Thomson Reuters • Sample: 700 patent attorneys working in private practice or industry • Private practice: For 68%, the EPO's quality is "very good" or "excellent" • Industry: For 92%, the EPO's quality is either "good", "very good" or "excellent"
- 20. • Key componentsof the EPO's patent quality policy • Highly skilled examiners • State-of-the-art searches • Thorough procedures and review processes • Quality controls and an ongoing commitment to improvement
- 21. • Highly skilledexaminers • Top-level engineers and scientists – high degree of technical expertise and personal responsibility – knowledge of the EPO's three official languages • Training during first two years – extensive legal and procedural training – individual coaching by experienced examiners • Continuing professional development throughout career
- 22. • State-of-the-art searches • World's largest collection of documents – 800 million records of patent and non-patent literature documents in over 120 databases – more than 7 000 journals – databases updated daily • High-performance EPOQUE search tool – used by examiners – a worldwide benchmark – used by over 40 patent offices, including Australia, Brazil, Canada and China • Machine translation to extend the range of easily accessible information
- 23. • Thorough proceduresand review processes • Single procedure – The EPC provides the legal framework for the granting procedure. • Systematic approach – Each application is examined by a division of three technically qualified examiners. • Review processes – Oppositions are examined by three technically qualified examiners, at least two of whom will not have been involved in the grant proceedings for the patent. – Appeals are heard by an independent second-instance judiciary (boards of appeal).
- 24. • Quality controlsand commitment to improvement • Guidelines and instructions for examiners • Spot-checks on search reports and examination quality • Internal quality audits • Preparation for ISO 9001 certification
- 25. • The EuropeanPatent Office and the patent system • The patent system • Basics • About us • Granting and publishing patents • Quality patents • Patents for the public • Training and awareness-raising events • The unitary patent • Statistics • Contact
- 26. • All patentdocuments are accessible free of charge on www.epo.org Espacenet over 88 million patent documents, easily searchable Patent Translate Automatic translation between English and 31 other languages, including Chinese, Japanese, Korean and Russian.
- 27. Key facts aboutEspacenet • Most visited area of our website – around 20 million visits every year • A worldwide collection of patent data • For beginners and experts – smart search using key words – advanced search using combined search information, classification, etc. • Translation of documents in one click – covers now translation between English and 31 other languages, including Chinese, Japanese, Korean and Russian.
- 28. • The EuropeanPatent Office and the patent system • The patent system • Basics • About us • Granting and publishing patents • Quality patents • Patents for the public • Training and awareness-raising events • The unitary patent • Statistics • Contact
- 29. • Training organisedby the European Patent Academy • Training on IP and our services and tools for – applicants and attorneys – judges – patent office staff – universities and research centres – businesses and SMEs • An extensive collection of free e-learning materials on www.epo.org/learning
- 30. • The EuropeanPatent Office and the patent system • The patent system • Basics • About us • Granting and publishing patents • Quality patents • Patents for the public • Training and awareness-raising events • The unitary patent • Statistics • Contact
- 31. • Objectives ofthe unitary patent A less expensive and less cumbersome patent system for Europe Facilitates access to patent protection for SMEs and research centres Makes Europe more attractive for innovation and investors Boosts Europe's competitiveness
- 32. • The unitarypatent and the EPO member states Unitary patent states Austria • Belgium • Bulgaria • Cyprus • Czech Republic • Denmark • Estonia • Finland • France • Germany • Greece • Hungary • Ireland • Latvia • Lithuania • Luxembourg • Malta • Netherlands • Poland • Portugal • Romania • Slovakia • Slovenia • Sweden • United Kingdom Other EPO member states Italy • Spain • Iceland • Switzerland • Norway • Turkey • Monaco • San Marino • Liechtenstein • Croatia • Serbia • Albania • Former Yugoslav Republic of Macedonia
- 33. • Basic principlesof the unitary patent • A European patent, granted by the EPO under the EPC • Unitary effect extends to the 25 EU member states currently participating, at the patent proprietor's request • Registered by the EPO in one single administrative step • An additional option for patent proprietors, alongside the existing European and national patent systems • Can be combined with the European patent to cover up to 40 European countries • Uniform litigation system
- 34. • Concrete benefits • Protection in one single step for the 25 states currently participating • Simplified registration procedure instead of 25 different validations • Simplified and cost-effective renewal fee payment • No post-grant translation required (after initial transition period) • Centralised register maintained by the EPO • Uniform litigation system affording greater legal certainty
- 35. • Language arrangementsfor post-grant translations • For a transitional period of up to 12 years: – If the patent is granted in French or German, a translation into English will be required – If the patent is granted in English, a translation into one of any of the EU languages will be required • At the end of the transitional period: – No translation required anymore – Patent Translate will provide free machine translation in 32 languages
- 36. • Language arrangementsfor applications Translation costs will be reimbursed for SMEs, universities, public research organisations from the EU if the application is filed in an EU language other than English, French or German
- 37. • The Europeanpatent with unitary effect Same grant procedure as for classic European patent European patent application Filing and formalities examination Search report with preliminary opinion on patentability Appeal proceedings Grant of European patent Refusal or withdrawal of application Substantive examination At the request of the patent proprietor Limitation/ revocation/ opposition proceedings The unitary patent replaces the individual effects of the European patent in the 25 participating states Unitary patent for the territories of the 25 participating states
- 38. • The UnifiedPatent Court with seat in Luxembourg Court of First Instance Court of Appeal Appeals Central Division Seat in Paris Office of President Section in Munich Section in London Local Divisions LD LD LD LD LD LD set up in individual member states LD Court of Justice of the European Union Regional Divisions set up by groups of member states RD RD RD RD Requests for preliminary rulings LD Revocation actions Infringement actions
- 39. • When willit all start? • European applications already "in the pipeline" today might be given unitary effect if granted after the system starts • Minimum of 13 states − including GB, France, Germany − must ratify the agreement on a Unified Patent Court (expected 2015) • First unitary patents will cover only the states which have ratified the agreement, then more as states accede
- 40. • The EuropeanPatent Office and the patent system • The patent system • Basics • About us • Granting and publishing patents • Quality patents • Patents for the public • Training and awareness-raising events • The unitary patent • Statistics • Contact points
- 41. • Total Europeanpatent filings1) 1) Direct European filings under the EPC and international filings under the PCT.
- 42. • Origin ofEuropean patent filings (2013)1) Others 6% DE 12% FR 5% CH 3% NL 3% GB 2% Other EPO states 10% US 24% JP 20% CN 8% KR 6% DE: Germany I FR: France I CH: Switzerland I NL: Netherlands I GB: United Kingdom US: United States I JP: Japan I CN: P.R. China I KR: South Korea I EPO: European Patent Organisation 1) Direct European filings under the EPC and international filings under the PCT.
- 43. • Technical fields1)with the most applications (2013)2) 1) Classified according to the IPC and technology concordance table as revised in January 2013 2) Based on European patent applications filed with the EPO.
- 44. • The EuropeanPatent Office and the patent system • The patent system • Basics • About us • Granting and publishing patents • Quality patents • Patents for the public • Training and awareness-raising events • The unitary patent • Statistics • Contact
- 45. • Need moreinformation? • Visit www.epo.org • Follow us on www.facebook.com/europeanpatentoffice twitter.com/EPOorg www.youtube.com/EPOfilms www.linkedin.com/company/european-patent-office • Contact us via www.epo.org/contact
- 46. Thank you slide European Patent Office Thank you for your attention !