This presentation describes what happens to applications in the European patent grant procedure.
From filing through to grant and beyond, the file goes through a number of different stages.
This presentation looks at these stages in the order in which they occur in the procedure.
The document summarizes the process for obtaining a patent through the European Patent Office (EPO). The EPO is a single office located in Munich that serves 38 European countries. To file for a European patent, an applicant can file directly with no deadline, use the Paris Convention with a 12 month deadline, or file through the Patent Cooperation Treaty (PCT) with a 31 month deadline. The filing must include a request form, specification, inventor/applicant information, fees, and translations if needed. The EPO will examine the application for formalities before publishing it after 18 months. The applicant can then request examination, pay designation fees, and go through the examination and grant process.
Presentation on the Patent Process in US
Contact Us for Intellectual Property Services
BananaIP Counsels
Regd Office
No.40,3rd Main Road,JC Industrial Estate,
Kanakapura Road,Bangalore – 560 062.
Email: contact@bananaip.com
Telephone: +91-80-26860414 /24/34
A patent is the granting of a property right by a sovereign authority to an inventor. This grant provides the inventor exclusive rights to the patented process, design, or invention for a designated period in exchange for a comprehensive disclosure of the invention.
The document discusses the European patent protection process and patenting of computer-implemented inventions (CII). It provides:
1) An overview of the European patent procedure including filing an application, examination, publication, opposition and appeal processes. Key requirements like patentable subject matter, novelty, inventive step are also summarized.
2) A focus on definitions and concepts related to CII, including definitions of computer programs, software, and algorithms. Eligibility criteria are discussed along with the assessment of inventive step for CII.
3) Details on applying the problem-solution approach to assess inventive step for CII, including determining technical contribution of features in mixed type claims and considering prior art.
In this month's podcast episode, we’re talking about claims – the fundamental building blocks of a patent. There simply is not a more important concept to grasp in all of patenting. As a former chief justice of the Federal Circuit once famously said, “The name of the game is the claim.” And in terms of what game you’re playing, the claims are where you separate the patents playing checkers from the patents playing chess.
This is where your patent practitioner earns their money and as you’ll learn today, also where the mostly costly mistakes can be born. As David Cohen, a Patently Strategic regular, has said in the past, "Ninety percent of the mental exercise in drafting patents is in the strategy of looking around corners, anticipating the future, and trying to capture as many would-be infringers as possible.” How your claims are crafted is literally the difference between a patent being an intellectual asset and a worthless stack of paper.
In this month’s episode, Ty Davis, Patent Strategy Associate here at Aurora, leads a discussion, along with our all star patent panel, delving deeply into:
⦿ Claim fundamentals
⦿ Claim drafting strategies
⦿ How to think about claims in the context of infringement
⦿ And in the game of patenting, how to move like a queen, so you’re not treated like a pawn.
Ty is joined by our always exceptional group of IP experts, including:
⦿ Dr. Ashley Sloat, President and Director of Patent Strategy at Aurora
⦿ Kristen Hansen, Patent Strategist at Aurora
⦿ Dr. David Jackrel, President of Jackrel Consulting
⦿ Marie Smyth, Patent Agent, formerly with Greenberg Traurig and Meta
⦿ Porter Thames, J.D. and Patent Agent at SMU Science and Technology Law Review
** Mossoff Minute **
This month's Mossoff Minute, featuring Professor Adam Mossoff, looks at the poorly named Advancing America's Interests Act and its potential impact on the ITC being able to block import of products that infringe on American patents.
Podcast: https://patentlystrategic.buzzsprout.com/1734511/13729977-patent-claims-the-name-of-the-game
The document discusses patentable subject matter under 35 USC §101. It provides an overview of the categories of invention that can be patented (processes, machines, manufactures and compositions of matter). It also discusses exceptions for laws of nature, natural phenomena and abstract ideas. The document summarizes the Bilski v. Kappos Supreme Court case which involved a method for hedging risk in commodities trading, and established that the machine-or-transformation test is not the sole test for determining patent eligibility.
This document provides information on filing a patent application, including the definition of a patent, patent rights, the patent application process, required documents, and international filing options under the Patent Cooperation Treaty (PCT). Key details include that a patent protects an invention for 20 years, the application process involves filing documents at a patent office, and the PCT allows filing a single application to seek protection in multiple countries simultaneously.
International Patenting: Paris Convention, Patent Cooperation Treaty, and Pat...Patterson Thuente IP
India's place in the patent world.
International patenting basics.
Patent Cooperation Treaty (PCT) overview.
Patent Prosecution Highway (PPH) benefits.
The document summarizes the process for obtaining a patent through the European Patent Office (EPO). The EPO is a single office located in Munich that serves 38 European countries. To file for a European patent, an applicant can file directly with no deadline, use the Paris Convention with a 12 month deadline, or file through the Patent Cooperation Treaty (PCT) with a 31 month deadline. The filing must include a request form, specification, inventor/applicant information, fees, and translations if needed. The EPO will examine the application for formalities before publishing it after 18 months. The applicant can then request examination, pay designation fees, and go through the examination and grant process.
Presentation on the Patent Process in US
Contact Us for Intellectual Property Services
BananaIP Counsels
Regd Office
No.40,3rd Main Road,JC Industrial Estate,
Kanakapura Road,Bangalore – 560 062.
Email: contact@bananaip.com
Telephone: +91-80-26860414 /24/34
A patent is the granting of a property right by a sovereign authority to an inventor. This grant provides the inventor exclusive rights to the patented process, design, or invention for a designated period in exchange for a comprehensive disclosure of the invention.
The document discusses the European patent protection process and patenting of computer-implemented inventions (CII). It provides:
1) An overview of the European patent procedure including filing an application, examination, publication, opposition and appeal processes. Key requirements like patentable subject matter, novelty, inventive step are also summarized.
2) A focus on definitions and concepts related to CII, including definitions of computer programs, software, and algorithms. Eligibility criteria are discussed along with the assessment of inventive step for CII.
3) Details on applying the problem-solution approach to assess inventive step for CII, including determining technical contribution of features in mixed type claims and considering prior art.
In this month's podcast episode, we’re talking about claims – the fundamental building blocks of a patent. There simply is not a more important concept to grasp in all of patenting. As a former chief justice of the Federal Circuit once famously said, “The name of the game is the claim.” And in terms of what game you’re playing, the claims are where you separate the patents playing checkers from the patents playing chess.
This is where your patent practitioner earns their money and as you’ll learn today, also where the mostly costly mistakes can be born. As David Cohen, a Patently Strategic regular, has said in the past, "Ninety percent of the mental exercise in drafting patents is in the strategy of looking around corners, anticipating the future, and trying to capture as many would-be infringers as possible.” How your claims are crafted is literally the difference between a patent being an intellectual asset and a worthless stack of paper.
In this month’s episode, Ty Davis, Patent Strategy Associate here at Aurora, leads a discussion, along with our all star patent panel, delving deeply into:
⦿ Claim fundamentals
⦿ Claim drafting strategies
⦿ How to think about claims in the context of infringement
⦿ And in the game of patenting, how to move like a queen, so you’re not treated like a pawn.
Ty is joined by our always exceptional group of IP experts, including:
⦿ Dr. Ashley Sloat, President and Director of Patent Strategy at Aurora
⦿ Kristen Hansen, Patent Strategist at Aurora
⦿ Dr. David Jackrel, President of Jackrel Consulting
⦿ Marie Smyth, Patent Agent, formerly with Greenberg Traurig and Meta
⦿ Porter Thames, J.D. and Patent Agent at SMU Science and Technology Law Review
** Mossoff Minute **
This month's Mossoff Minute, featuring Professor Adam Mossoff, looks at the poorly named Advancing America's Interests Act and its potential impact on the ITC being able to block import of products that infringe on American patents.
Podcast: https://patentlystrategic.buzzsprout.com/1734511/13729977-patent-claims-the-name-of-the-game
The document discusses patentable subject matter under 35 USC §101. It provides an overview of the categories of invention that can be patented (processes, machines, manufactures and compositions of matter). It also discusses exceptions for laws of nature, natural phenomena and abstract ideas. The document summarizes the Bilski v. Kappos Supreme Court case which involved a method for hedging risk in commodities trading, and established that the machine-or-transformation test is not the sole test for determining patent eligibility.
This document provides information on filing a patent application, including the definition of a patent, patent rights, the patent application process, required documents, and international filing options under the Patent Cooperation Treaty (PCT). Key details include that a patent protects an invention for 20 years, the application process involves filing documents at a patent office, and the PCT allows filing a single application to seek protection in multiple countries simultaneously.
International Patenting: Paris Convention, Patent Cooperation Treaty, and Pat...Patterson Thuente IP
India's place in the patent world.
International patenting basics.
Patent Cooperation Treaty (PCT) overview.
Patent Prosecution Highway (PPH) benefits.
The presentation herein, on the US Patent Process, has been delivered by Mr. Nitin Nair at the National Law School of India University, Bangalore, for Senior Officials of the Ministry of MSME, Government of India. For more information about the presentation or the event, you may contact the Sinapse team at sinapse@bananaip.com.
BananaIP Counsels
Regd Office
No.40,3rd Main Road,JC Industrial Estate,
Kanakapura Road,Bangalore – 560 062.
Email: contact@bananaip.com
Telephone: +91-80-26860414 /24/34
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.
Patent: A presentation on "Patent Drafting" by Ms. Vinita Radhakrishnan - Ban...BananaIP Counsels
Patent: A presentation on "Patent Drafting" by Ms. Vinita Radhakrishnan - BananaIP
BananaIP Counsels, formerly Brain League IP Services, founded in 2004 at the Indian Institute of Management (IIM) Bangalore’s incubation center (NSRCEL), is recognized as an IP/Patent trailblazer in India. The firm’s mission is to help clients maximize business value from their Intellectual Property (IP)/Patents, and gain competitive advantage in the market place. In its evolution from Brain League, BananaIP carries forward the firm’s core values – Merger of Technology,Management and Law, Swift Adaptation to changes in competitive environment, and business driven approach to Intellectual Property (IP)/Patent Services.
Contact Us for Intellectual Property Services
BananaIP Counsels
Regd Office
No.40,3rd Main Road,JC Industrial Estate,
Kanakapura Road,Bangalore – 560 062.
Email: contact@bananaip.com
Telephone: +91-80-26860414 /24/34
The document outlines the procedure for filing a patent application in India. Key points include:
- Only inventors, assignees, or legal heirs of deceased inventors can apply for a patent.
- There are different types of patent applications including convention, international, divisional, and patent of addition applications.
- Applications must be filed in the prescribed form along with a provisional or complete specification and applicable fees.
- The specification must include a title, description, drawings or samples, method to perform the invention, scope, and abstract.
- Priority date rules depend on whether the application is a single filing or based on an earlier application.
This document provides an overview of international patent filing options including the Paris Convention and Patent Cooperation Treaty (PCT). It discusses key differences and procedures for both options. The Paris Convention allows direct foreign filing within 1 year but is typically less expensive than PCT. PCT provides up to 30 months to decide where to file but is usually more expensive. It also summarizes PCT procedures including international search, publication, preliminary examination (optional) and national phase entry.
The document discusses the drafting of a patent specification. It explains that an applicant must file a specification describing the invention to receive patent rights. The specification can be a provisional or complete specification. A provisional specification broadly discloses the invention to secure priority date, while a complete specification discloses all details clearly to enable practice of the invention and must include claims. The complete specification format includes the title, technical field, background, objectives, description, drawings, claims, and abstract.
IPFlair provides the best patent consultant in India with the online patent filing process. So get patented today with IPFlair and boost up your business strategy.
This document provides an overview of the patent filing process in India. It begins by defining what a patent is and noting that it provides exclusive rights for 20 years. It then outlines the key steps and requirements for filing a patent application in India, including which documents are needed, who can file, where to file, and how to file. The document explains the timeline for publication, request for examination, and potential hearing. It also describes what is not patentable under Indian law and the criteria the examiner evaluates like novelty, non-obviousness, and industrial applicability. The review and response process is summarized, concluding with the potential outcomes of acceptance, rejection, or partial acceptance of claims.
1) A patent is a legal document issued by a government that gives an inventor exclusive rights over their invention for a period of time, usually 20 years.
2) There are several types of patent applications including provisional, non-provisional, convention, and PCT applications. Provisional applications allow early filing and priority date while non-provisional/PCT applications undergo examination.
3) The PCT process allows filing a single international patent application to seek protection in multiple countries simultaneously, providing time to seek protection abroad before foreign filing deadlines.
Covers legal aspects of Patenting in India.Explains the difference between Patent, Trademark and Copyright. Differentiates between patentable and non patentable inventions and explains the process of obtaining a patent, with case studies and examples.
Freedom to Operate (FTO) refers to whether it’s commercially ‘safe’ for you to make or sell your product in the country in which you wish to do so, without infringing existing third-party rights.
The document discusses patent opposition in India. It defines patent opposition as a process where third parties can oppose the grant of a patent during specified time periods. There are two types of opposition: pre-grant opposition, where opposition can be filed after publication but before grant; and post-grant opposition, where opposition can be filed within one year of the patent being granted. The grounds for opposition include lack of novelty, prior claims, obviousness, insufficient disclosure, and non-compliance with requirements. The key differences between pre-grant and post-grant opposition are also outlined.
The document provides information about the patenting system in India. It defines what a patent and invention are, explains the criteria for patenting including novelty, inventive step, and industrial application. It describes the patenting process in India, including who can apply, where to apply, fees, and the stages from filing to grant of a patent. It also discusses what is not patentable in India and provides examples of patent infringement cases like Apple vs Samsung and Novartis' patent plea.
The document is a sample patent landscape report that shows what information can be gleaned from such reports. In 3 sentences: Patent landscape reports can show trends in technology sectors over time, the main players and applicants in a technology area as well as potential collaboration partners, and maps of innovation in an area through patent citation analysis to understand development of patent protection over time. The sample report provides examples of charts and data that may be included to illustrate technology trends, key players, collaborations and innovation tracks in a given field of technology.
A patent is a negative right that allows the patent holder to exclude others from making, using, selling, or importing the claimed invention in the country where the patent is granted. To obtain a patent, an invention must be novel, non-obvious, and adequately described in the patent application. There are various types of patent applications that can be filed, including provisional, utility, design, plant, and PCT applications. Requirements for patentability include novelty, non-obviousness, enablement, and best mode disclosure.
The document provides an introduction to patent law, including:
1) A patent is a legal document issued by a government that grants the right to prohibit others from making, using, or selling a claimed invention for a limited time in exchange for publicly disclosing the invention details.
2) The purpose of patent law is to promote science and useful arts by securing exclusive rights to authors and inventors for limited times.
3) Inventors seek patent protection for both offensive and defensive strategies related to investment, revenue, market protection, and preventing competitor patents.
The document discusses the process of filing patents in India. It begins by introducing various types of intellectual property rights including patents, trademarks, copyrights and industrial designs. It then focuses specifically on patents, defining them as exclusive statutory rights granted by the government for a limited period of time in exchange for full disclosure of an invention. The document outlines the various steps involved in filing a patent application in India, including working with a patent agent, conducting searches, drafting the application, paying fees, and the possibility of opposition. It provides details on different types of patent applications, requirements and procedures.
The document summarizes key aspects of the Patent Cooperation Treaty (PCT) including:
- The PCT allows filing a single international patent application in multiple countries rather than separate national applications.
- It establishes an international search and preliminary examination but national patent offices make final decisions on granting patents.
- India joined the PCT in 1998. The PCT process includes international filing, search, publication and preliminary examination before proceeding to national patent offices.
The document outlines the procedure for obtaining a patent in the UK Intellectual Property Office (UK IPO). It discusses filing a patent application, preliminary examination and search, publication of the application, substantive examination, and final grant of the patent. The key steps include filing a patent application including claims, a preliminary examination and search by an examiner, publication of the application after 18 months, substantive examination involving dialogue between examiner and applicant, and ultimately the grant of the patent if all requirements are satisfied.
The presentation herein, on the US Patent Process, has been delivered by Mr. Nitin Nair at the National Law School of India University, Bangalore, for Senior Officials of the Ministry of MSME, Government of India. For more information about the presentation or the event, you may contact the Sinapse team at sinapse@bananaip.com.
BananaIP Counsels
Regd Office
No.40,3rd Main Road,JC Industrial Estate,
Kanakapura Road,Bangalore – 560 062.
Email: contact@bananaip.com
Telephone: +91-80-26860414 /24/34
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.
Patent: A presentation on "Patent Drafting" by Ms. Vinita Radhakrishnan - Ban...BananaIP Counsels
Patent: A presentation on "Patent Drafting" by Ms. Vinita Radhakrishnan - BananaIP
BananaIP Counsels, formerly Brain League IP Services, founded in 2004 at the Indian Institute of Management (IIM) Bangalore’s incubation center (NSRCEL), is recognized as an IP/Patent trailblazer in India. The firm’s mission is to help clients maximize business value from their Intellectual Property (IP)/Patents, and gain competitive advantage in the market place. In its evolution from Brain League, BananaIP carries forward the firm’s core values – Merger of Technology,Management and Law, Swift Adaptation to changes in competitive environment, and business driven approach to Intellectual Property (IP)/Patent Services.
Contact Us for Intellectual Property Services
BananaIP Counsels
Regd Office
No.40,3rd Main Road,JC Industrial Estate,
Kanakapura Road,Bangalore – 560 062.
Email: contact@bananaip.com
Telephone: +91-80-26860414 /24/34
The document outlines the procedure for filing a patent application in India. Key points include:
- Only inventors, assignees, or legal heirs of deceased inventors can apply for a patent.
- There are different types of patent applications including convention, international, divisional, and patent of addition applications.
- Applications must be filed in the prescribed form along with a provisional or complete specification and applicable fees.
- The specification must include a title, description, drawings or samples, method to perform the invention, scope, and abstract.
- Priority date rules depend on whether the application is a single filing or based on an earlier application.
This document provides an overview of international patent filing options including the Paris Convention and Patent Cooperation Treaty (PCT). It discusses key differences and procedures for both options. The Paris Convention allows direct foreign filing within 1 year but is typically less expensive than PCT. PCT provides up to 30 months to decide where to file but is usually more expensive. It also summarizes PCT procedures including international search, publication, preliminary examination (optional) and national phase entry.
The document discusses the drafting of a patent specification. It explains that an applicant must file a specification describing the invention to receive patent rights. The specification can be a provisional or complete specification. A provisional specification broadly discloses the invention to secure priority date, while a complete specification discloses all details clearly to enable practice of the invention and must include claims. The complete specification format includes the title, technical field, background, objectives, description, drawings, claims, and abstract.
IPFlair provides the best patent consultant in India with the online patent filing process. So get patented today with IPFlair and boost up your business strategy.
This document provides an overview of the patent filing process in India. It begins by defining what a patent is and noting that it provides exclusive rights for 20 years. It then outlines the key steps and requirements for filing a patent application in India, including which documents are needed, who can file, where to file, and how to file. The document explains the timeline for publication, request for examination, and potential hearing. It also describes what is not patentable under Indian law and the criteria the examiner evaluates like novelty, non-obviousness, and industrial applicability. The review and response process is summarized, concluding with the potential outcomes of acceptance, rejection, or partial acceptance of claims.
1) A patent is a legal document issued by a government that gives an inventor exclusive rights over their invention for a period of time, usually 20 years.
2) There are several types of patent applications including provisional, non-provisional, convention, and PCT applications. Provisional applications allow early filing and priority date while non-provisional/PCT applications undergo examination.
3) The PCT process allows filing a single international patent application to seek protection in multiple countries simultaneously, providing time to seek protection abroad before foreign filing deadlines.
Covers legal aspects of Patenting in India.Explains the difference between Patent, Trademark and Copyright. Differentiates between patentable and non patentable inventions and explains the process of obtaining a patent, with case studies and examples.
Freedom to Operate (FTO) refers to whether it’s commercially ‘safe’ for you to make or sell your product in the country in which you wish to do so, without infringing existing third-party rights.
The document discusses patent opposition in India. It defines patent opposition as a process where third parties can oppose the grant of a patent during specified time periods. There are two types of opposition: pre-grant opposition, where opposition can be filed after publication but before grant; and post-grant opposition, where opposition can be filed within one year of the patent being granted. The grounds for opposition include lack of novelty, prior claims, obviousness, insufficient disclosure, and non-compliance with requirements. The key differences between pre-grant and post-grant opposition are also outlined.
The document provides information about the patenting system in India. It defines what a patent and invention are, explains the criteria for patenting including novelty, inventive step, and industrial application. It describes the patenting process in India, including who can apply, where to apply, fees, and the stages from filing to grant of a patent. It also discusses what is not patentable in India and provides examples of patent infringement cases like Apple vs Samsung and Novartis' patent plea.
The document is a sample patent landscape report that shows what information can be gleaned from such reports. In 3 sentences: Patent landscape reports can show trends in technology sectors over time, the main players and applicants in a technology area as well as potential collaboration partners, and maps of innovation in an area through patent citation analysis to understand development of patent protection over time. The sample report provides examples of charts and data that may be included to illustrate technology trends, key players, collaborations and innovation tracks in a given field of technology.
A patent is a negative right that allows the patent holder to exclude others from making, using, selling, or importing the claimed invention in the country where the patent is granted. To obtain a patent, an invention must be novel, non-obvious, and adequately described in the patent application. There are various types of patent applications that can be filed, including provisional, utility, design, plant, and PCT applications. Requirements for patentability include novelty, non-obviousness, enablement, and best mode disclosure.
The document provides an introduction to patent law, including:
1) A patent is a legal document issued by a government that grants the right to prohibit others from making, using, or selling a claimed invention for a limited time in exchange for publicly disclosing the invention details.
2) The purpose of patent law is to promote science and useful arts by securing exclusive rights to authors and inventors for limited times.
3) Inventors seek patent protection for both offensive and defensive strategies related to investment, revenue, market protection, and preventing competitor patents.
The document discusses the process of filing patents in India. It begins by introducing various types of intellectual property rights including patents, trademarks, copyrights and industrial designs. It then focuses specifically on patents, defining them as exclusive statutory rights granted by the government for a limited period of time in exchange for full disclosure of an invention. The document outlines the various steps involved in filing a patent application in India, including working with a patent agent, conducting searches, drafting the application, paying fees, and the possibility of opposition. It provides details on different types of patent applications, requirements and procedures.
The document summarizes key aspects of the Patent Cooperation Treaty (PCT) including:
- The PCT allows filing a single international patent application in multiple countries rather than separate national applications.
- It establishes an international search and preliminary examination but national patent offices make final decisions on granting patents.
- India joined the PCT in 1998. The PCT process includes international filing, search, publication and preliminary examination before proceeding to national patent offices.
The document outlines the procedure for obtaining a patent in the UK Intellectual Property Office (UK IPO). It discusses filing a patent application, preliminary examination and search, publication of the application, substantive examination, and final grant of the patent. The key steps include filing a patent application including claims, a preliminary examination and search by an examiner, publication of the application after 18 months, substantive examination involving dialogue between examiner and applicant, and ultimately the grant of the patent if all requirements are satisfied.
The document summarizes the key aspects of the Patent Cooperation Treaty (PCT). It describes the PCT as an international treaty that allows filing a single patent application to seek protection in multiple countries. Key points include:
- The PCT simplifies the filing process but national offices make independent decisions about granting patents.
- Applicants have up to 30 months from the priority date to enter the national phase in designated countries.
- The international phase involves an international search, publication, and optional preliminary examination to provide information before national phase entry.
The document discusses the Patent Cooperation Treaty (PCT) which allows filing a single international patent application to seek patent protection in multiple countries. It describes the key steps in the PCT process including international search, publication, and preliminary examination before entering national patent procedures in designated countries within 30 months of the first patent filing date. The document also provides details on India joining the PCT in 1998 and the advantages it provides for postponing costs and obtaining additional time for patenting decisions.
The handout for the second module of my introduction to English patent law. This covers the sources of law, both legislation and the case law. The module focuses on the Patents Act 1977 and the European Patent Convention. It also introduces readers to the main sets of law reports for patent law, the Reports of Patent Cases ("RPC") and the Fleet Street Reports ("FSR").
International Patent Application - PCT RouteIntepat IP
In the contemporary world there is no concept of a universal/ worldwide patent. What exists is something akin to that. This is called an International Patent application” There are many reasons why a universal patent cannot exist. One reason is the difficulty in the implementation of a worldwide patent. There are however methods tangential to what can be called international patent application or international application
Patenting culture of the biggest world markets in the light of european patentKestutis Bruzga (博凱思)
This document discusses patenting trends and intensities in various countries and regions. It provides data on the number of patent applications per million people in Lithuania, Latvia, and Estonia over the past 10 years. It also compares patent application numbers and intensities in China, the US, Germany, Japan, and Russia from 1996 to 2014. The document then analyzes patent applications from China to the EPO and PCT, noting the top cities and companies filing patents. Finally, it discusses the unitary patent system coming to Europe and preparation for the Unified Patent Court.
Knobbe Martens co-hosted a 2-hour seminar in Orange County on Protecting Your Intellectual Property with a distinguished panel of global patent practitioners.
The document discusses options for international patent filing, including directly filing in foreign countries, filing under the Paris Convention, or filing under the Patent Cooperation Treaty (PCT). It notes key differences between the Paris Convention and PCT, such as deadlines and costs. The document also provides an overview of procedures and paperwork involved in PCT filing, including International Search Reports, Written Opinions, and International Preliminary Reports on Patentability. It highlights considerations for choosing between filing under Chapter I or II of the PCT.
The document summarizes the development of Morocco's patent system and the role and challenges of the Moroccan Office of Industrial and Commercial Property (OMPIC). It discusses four major phases in developing the system, from becoming a WTO member in 1995 to recent reforms in 2014. Key aspects of the new system include search reports, third party observations, and provisions regarding compulsory licensing and parallel imports. OMPIC has strengthened capacity through hiring more examiners, training, and search tools. It aims to increase transparency through an online patent register and information services.
PCT - the international route to getting your patentTechHub Bucharest
Discover what are the benefits of applying for an international patent as opposed to getting a patent that is only guaranteed locally. Get briefed on the essential patenting criteria for tech products and more.
Epo info resources & espacenet & search techniquesLATIPAT
The document provides an overview of the European Patent Office (EPO) including its 38 member states, 5 office locations, roles in the patent system such as processing applications and conducting appeal proceedings, and other services including online patent information and training programs. It also includes background information on the history of patents dating back to 1421 and key dates and events in patent law. Tables show leading patent applicants and patentees in 2010 and international patent classification systems.
Epo info resources & espacenet & search techniquesLATIPAT
The document provides an overview of the European Patent Office (EPO) including its 38 member states, 5 office locations, roles and services. It describes how European patent applications can be filed and processed at the EPO for patent protection across member states. Key services mentioned include patent searches, filing fees, and training resources available through the EPO.
Unlocking the Power of Patents: A Guide to Types and ProceduresMuhammed Ameer P
The document provides information on different types of patent applications including provisional, PCT, and non-provisional applications. It describes the typical stages in an ordinary patent application process including invention disclosure, prior art search, application drafting, filing, publication, examination, office actions/responses, and grant/rejection. Timelines for PCT and Indian patent office applications are also outlined. Key intellectual property organizations and their websites related to patents are listed.
The document outlines the patent filing procedure in India, including the following key points:
1) There are three types of patent applications that can be filed: regular applications, convention applications, and Patent Cooperation Treaty (PCT) national phase applications.
2) For PCT national phase applications, applicants can file a single international patent application to seek protection in multiple countries rather than filing separate applications.
3) The patent filing procedure involves an initial filing, responding to any objections, publication of the application, a request for examination, an examination report, responding to objections, and the potential for post-grant opposition.
This document discusses international patent law and new developments in intellectual property rights. It covers several key topics:
1. The basics of international patent law, including that patents only apply within the granting country and most countries follow a "first to file" system.
2. Important international treaties like the Paris Convention, Patent Cooperation Treaty (PCT), and Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). The PCT allows filing a single international patent application.
3. Developments making the international patent system more unified and efficient, such as the Patent Prosecution Highway (PPH) and Patent Law Treaty (PLT).
Bulletin ASPEC Programme – an avenue to expedite patent granting in Vietnam a...KENFOX IP & Law Office
The ASEAN Patent Examination Cooperation (ASPEC) program is a regional patent cooperation program in Southeast Asia that allows patent applicants to request accelerated patent examination in participating ASEAN member states (“AMS”). It aims to improve the efficiency and quality of patent examination among participating ASEAN member state's intellectual property Offices (“AMS IP Offices”) by sharing search and examination (S&E) results.
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The European (EP) grant procedure
1. The European (EP) Grant
Procedure
C.Larcinese, R. Apostolescu 11.09.2014
2. Introduction
This module describes what happens to applications in the European
patent grant procedure.
From filing through to grant and beyond, the file goes through a
number of different stages.
This presentation looks at these stages in the order in which they
occur in the procedure.
3. The grant procedure at a glance
Search and search
report together
with a preliminary
opinion on
patentability
European
patent
application
Filing and
formalities
examination
Publication of
the patent
specification
Applicant
European
Patent
Office
Public
Substantive
examination
Grant of a
European
patent
Opposition
proceedings
Appeal
proceedings
Limitation or
revocation
proceedings
Refusal of the
application
Validation in
the designated
states
Publication of
the application
and search
report
Observations by
third parties
possible
(Article115 EPC)
Review
4. Overview ̶ grant procedure
The procedure begins when an application for a European patent is filed
with the EPO. During this filing phase:
a date of filing is assigned
formal requirements are checked
Once the application complies with the filing requirements, it enters the
search phase, where:
a search for prior art is performed
a search report and a written opinion are issued
In the examination phase all the substantive issues relating to the
application are assessed and the contents of the application are shaped
into a form in which the patent can be granted ... or the application
refused.
5. Overview ̶ post-grant procedures
The post-grant procedures are:
Opposition - where third parties may contest a granted patent
Revocation and limitation - where patent proprietors may revoke their
own patent or limit its scope
Appeal - every adverse decision is subject to appeal, to guarantee a
two-instance procedure
6. The grant procedure step-by-step
You have just seen an overview of the grant procedure.
We will now have a look at the individual stages in the procedure in
more detail.
7. The grant procedure at a glance
Search and search
report together
with a preliminary
opinion on
patentability
European
patent
application
Filing and
formalities
examination
Publication of
the patent
specification
Applicant
European
Patent
Office
Public
Substantive
examination
Grant of a
European
patent
Opposition
proceedings
Appeal
proceedings
Limitation or
revocation
proceedings
Refusal of the
application
Validation in
the designated
states
Publication of
the application
and search
report
Observations by
third parties
possible
(Article115 EPC)
Review
8. Filing a patent application
The first step is for the applicant to file a request for grant of a European
patent.
The application must be accompanied by the required documentation.
Applications may be filed online.
10. Filing a patent application
Where? EPO (Munich, The Hague, Berlin) (Art. 75 (1)a) EPC)
National Patent Offices (Art. 75 (1) b) and 77 EPC)
PCT (Art. 150 et seq. EPC)
How? Post (R. 35 EPC)
Fax
EPO online services
Who? Inventor/applicant (Art. 60 (1) und (3) EPC)
11. Online filing
2000
The introduction of the EPO's electronic
epoline service allows applicants to file
patent applications via the internet.
Online fee payment and
file inspection follow in 2002.
The online filing of oppositions and
appeals is introduced in March 2009.
12. Date of filing
The date of filing is crucial because:
– it determines the state of the art
– it must be within the priority year if priority is claimed
– many deadlines depend on this date
For applicants it is therefore essential to acquire a date of filing.
The requirements are laid out in R. 40 EPC.
– indication that a European patent is sought
– identification of the applicant
– description or reference to a previously filed application
For a date of filing to be accorded, the application may be filed in any language.
No claims, fees or declaration of priority are necessary at this point ...
... but they will be required later!
13. Date of filing
The application as originally filed will define any amendments to come.
The application as originally filed consists of the documentation present
at the date of filing
This has impact on subsequent phases: search and examination may
be restricted to the original scope of protection sought.
14. Formalities examination
Once the date of filing is accorded, the file must be complete.
The following aspects are examined for compliance (R. 57 EPC):
– Translation of the application (Art. 14)
– Request for grant of a European (R. 41 EPC)
– One or more claims (Art. 78)
– An abstract (Art. 78)
– Filing fee (additional fee for the 36th and subsequent pages) and the
search fee paid (R. 17(2), 36(3), 38 EPC)
– Designation of the inventor (R. 19(1))
– Claim to priority (R. 52, 53 EPC)
– Representation (Art 133(2) EPC)
– Formal requirements (R. 46, 49 EPC)
– Nucleotide or amino acid sequences
15. File constitution
If all the information is present, a paper copy of the file is printed,
containing at least:
– a description
– claims
– drawings (where available)
Different codes are assigned depending on whether the application
– is a first filing, i.e. without any priority claim
– claims priority from a previous application
– is entering the European phase after the Patent Cooperation Treaty
phase (Article 153 EPC)
16. The European Patent Office as designated Office or elected
Office
Article 153
– An international application for which the European Patent Office
is a designated or elected Office, and which has been accorded an
international date of filing, shall be equivalent to a regular
European application (Euro-PCT application).
– A supplementary European search report shall be drawn up in
respect of any Euro-PCT.
17. Formalities examination Euro-PCT
Within 31 months from date of filing or priority (Rule 159)
– Translation of the international application (Art. 153(4)
– specify the application documents, as originally filed or as
amended, on which the European grant procedure is to be based;
– Filing fee, designation fee and search fee
– file the request for examination (Art. 94)
– pay the renewal fee
– Formal requirements (R. 163 – R. 57)
– Designation of the inventor (R. 19(1))
– Claim to priority (R. 52, 53 EPC)
– Address, nationality, State of residence or business
– Representation (Art 133(2) EPC)
– Formal requirements (R. 46, 49 EPC)
– Nucleotide or amino acid sequences
18. The grant procedure at a glance
Search and search
report together
with a preliminary
opinion on
patentability
European
patent
application
Filing and
formalities
examination
Publication of
the patent
specification
Applicant
European
Patent
Office
Public
Substantive
examination
Grant of a
European
patent
Opposition
proceedings
Appeal
proceedings
Limitation or
revocation
proceedings
Refusal of the
application
Validation in
the designated
states
Publication of
the application
and search
report
Observations by
third parties
possible
(Article115 EPC)
Review
19. Search
Purpose of the search (Art. 92 EPC)
To discover the state of the art at the relevant date.
To prepare for substantive examination and to determine whether, and if
so to what extent, the invention to which the application relates is new
and involves an inventive step.
Search documentation
Internal and external documents
Patent and non-patent literature
20. Search phase
The outcome of the search phase is:
– a search report listing the relevant prior art (Art. 92, R. 61 EPC) an
opinion on whether the application and the invention to which it
relates meet the requirements of the EPC (R. 62(1) EPC)
The combination of these two documents is known as the extended
European search report (R. 62 EPC).
21. European search report
The search report includes the
citations of relevant
documents.
Categories are assigned (X,
Y, ...) to indicate the relevance
and type of citation.
The opinion provides a written
analysis of the patentability of
the application, based on the
cited documents.
22. Publication
Patent applications are published around 18 months from the date of
filing or priority.
– These documents are known as A publications (Art. 93 EPC).
Publication makes the contents of the application available to the public.
It also
– provides provisional protection (Art. 67 EPC);
– enables third parties to submit observations (Art. 115 EPC);
– forms part of the state of the art (Art. 54(2)).
23. Publication of the application
If it is ready, the European search report may be published together with
the application.
If it is not ready, the application is published without it, and the search
report is published separately.
– They can both be found in the publication server.
The opinion is not published together with the search report (R. 62 EPC
) ...
... but it is made available to the public as part of the written
procedure via online file inspection.
24.
25. The grant procedure at a glance
Search and search
report together
with a preliminary
opinion on
patentability
European
patent
application
Filing and
formalities
examination
Publication of
the patent
specification
Applicant
European
Patent
Office
Public
Substantive
examination
Grant of a
European
patent
Opposition
proceedings
Appeal
proceedings
Limitation or
revocation
proceedings
Refusal of the
application
Validation in
the designated
states
Publication of
the application
and search
report
Observations by
third parties
possible
(Article115 EPC)
Review
26. Substantive examination
For an application to be granted, all the requirements of the EPC must
be met (Art. 97 EPC).
The applicant may request examination up to six months after the
mention of publication of the search report (R. 70 EPC).
The request shall not be deemed to be filed until the examination fee
has been paid.
27. The examining division
The examining division consists of
three members (Art. 18 EPC).
Each decision is the responsibility of
the division as a whole.
Examination is an ex-parte procedure
in which only the applicant is
involved.
– Third parties may only submit
observations
28. Substantive examination
Substantive examination mainly deals with how the invention is
disclosed and defined:
• Clear definition of the protection sought (Art. 84 EPC).
• Sufficient disclosure of the invention (Art. 83 EPC).
• Unity of invention (Art. 82 EPC).
A patent may be granted for an invention which
• is new (Art. 54 EPC),
• involves an inventive step (Art. 56 EPC),
• has industrial applicability (Art. 57 EPC),
• ...and is not excluded from patentability (Art. 52-53 EPC).
29. Substantive examination
These requirements are examined using the cited prior art as
documentation to back up the arguments.
All objections raised must be reasoned and supported by evidence.
Examination cannot therefore take place until after the search phase
has been completed.
30. Substantive examination
Applicants and examiners exchange written communications stating
their objections, arguments and amendments.
The applicant must always be given the right to be heard (Art. 113
EPC). There can be no decision based on objections which have not
been discussed.
31. Final outcome
The application meets the requirements of the EPC:
+ translation of the claims
+ payment of grant and publishing fees
grant
– Opposition period begins
– Administration goes over to the national offices (+ "Validation")
The application does not meet the requirements of the EPC:
refusal
– Adverse decision may be appealed.
32. Publication of the European patent
Granted European patents are
published after the examination
procedure.
– These documents are known as B
publications (Art. 98 EPC).
Publication of the specification informs
the public and
– defines the granted exclusive right (
Art. 64 EPC)
– enables the opposition procedure (
Art. 99 EPC)
33. The grant procedure at a glance
Search and search
report together
with a preliminary
opinion on
patentability
European
patent
application
Filing and
formalities
examination
Publication of
the patent
specification
Applicant
European
Patent
Office
Public
Substantive
examination
Grant of a
European
patent
Opposition
proceedings
Appeal
proceedings
Limitation or
revocation
proceedings
Refusal of the
application
Validation in
the designated
states
Publication of
the application
and search
report
Observations by
third parties
possible
(Article115 EPC)
Review
34. Post-grant procedures
After a European patent has been granted, three procedures may be
initiated:
– opposition
– limitation
– revocation
These procedures may affect the patent as granted.
35. Opposition
Any person may oppose a European patent within nine month of its
publication.
This procedure provides for a centralised possibility to rectify the grant
of the patent.
After the opposition period has expired, European patents may be only
challenged in the individual countries in which they are valid.
36. Opposition
A European patent may be opposed if according to the opponent:
– the subject-matter of the claims is not new, inventive or industrially
applicable (Art. 100(a) EPC)
– the subject-matter of the claims is excluded from patentability or is not
regarded as an invention (Art. 100(a) EPC);
– the invention is not sufficiently disclosed (Art. 100(b) EPC); and/or
– the granted patent goes beyond the original application as filed (
Art. 100(c) EPC).
New prior art may be submitted.
Opposition procedures are independent of the examination procedure.
37. The opposition division
The opposition division consists of
three members (Art. 19 EPC).
Each decision is the responsibility of
the division as a whole.
Opposition is an inter-partes
procedure:
– patent proprietor
– opponent(s)
38. Oral proceedings in Examination (Art. 116 EPC)
• Can be requested by the Proprietor or the Opponent (Art. 116 EPC)
• Summons to OP communicated to the parties at least 2 months before
OP (Rule 115(1) EPC) including:
– date, time, and place
– points to be discussed for taking a final decision (Rule 116(1) EPC)
– final date for making written submissions in preparation for OP
(usually 1 month before OP)
• In case of non-attendance of one of the parties (Rule 115(2) EPC):
– OP may continue and final decision may be taken without one of the
parties
• Late-filed submissions (Rule 116(2) EPC):
– may be admitted if they "prima facie" overcome the outstanding
objections without causing new ones
39. Oppositions in 2013
Oppositions were filed against 4.5% of all granted European patents.
31%
40%
29%
4.5%
Oppositions
Granted patents
40. Limitation procedure (Art. 105 a-c EPC)
At any time after the grant the patent proprietor may request limitation of
the patent by filing a new set of claims.
The decision to limit the European patent takes effect on the date on
which it is published in the Bulletin.
The effect of the decision to limit the patent is that the patent is limited
ab initio in all contracting states.
Opposition proceedings have precedence (R. 93 EPC).
41. Revocation procedure (Art. 105 a-c EPC)
The patent proprietor may request revocation of the patent at any time
after grant.
The revocation applies ab initio to all contracting states in respect of
which the patent was granted.
42. The grant procedure at a glance
Search and search
report together
with a preliminary
opinion on
patentability
European
patent
application
Filing and
formalities
examination
Publication of
the patent
specification
Applicant
European
Patent
Office
Public
Substantive
examination
Grant of a
European
patent
Opposition
proceedings
Appeal
proceedings
Limitation or
revocation
proceedings
Refusal of the
application
Validation in
the designated
states
Publication of
the application
and search
report
Observations by
third parties
possible
(Article115 EPC)
Review
43. Appeals
Any adverse decision made by the EPO is subject to a two-instance
procedure.
The department of the first instance - for example, the Receiving
Section, the examining division or the opposition division - may refuse
an application or a request.
The party adversely affected may appeal in the second instance.
44. Appeal procedure
The boards of appeal
The EPO's legal boards of appeal and technical boards of appeal
give independent final rulings on appeals against decisions taken
during grant and opposition proceedings. They can exercise any
power within the competence of the department responsible of the
decision appealed or remit the case to that department for further
prosecution (Art. 106-111 EPC).
45. Appeal procedure
The Enlarged Board of Appeal
The Enlarged Board of Appeal issues decisions and opinions on
cases referred to it, either to ensure uniform application of the law or to
rule on a point of law of fundamental importance (Art. 112 EPC). These
cases are referred
– either by the boards of appeal
– or by the President (where two boards have given different decisions)
It also gives decisions on petitions for review of the decisions of the
boards of appeal (Art. 112a EPC).
46. Conclusion
The procedure starts with the filing of the documents that form
the European application. Once this has occurred:
a search is carried out
an examination is conducted
and a decision is taken.
This decision may later be
- opposed
- limited
- revoked
- appealed
Editor's Notes
After grant since entry into force of the EPC 2000 also centralised limitation or revocation proceedings.