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How to check for EP divisional filings?

In the US, continuation applications of a given application can be checked for in the "Continuity Data" tab in PAIR. In the case of EPO, divisionals (the analogue of continuations) may be less common ...
user132162's user avatar
3 votes
2 answers
18k views

what is the difference between an EP patent (or publication) and a patent published in Europe?

I'm trying to understand the difference between a patent published in europe (or a publication with any country code) and an EP publication (published in EPO). What is the difference between ...
YSY's user avatar
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1 answer
433 views

Can a PCT application, filed with piority, be withdrawn and refiled, and retain the original, now lapsed, priority?

I have filed a US provisional patent application last year. I filed a US non-provisional and PCT applications within the 12 month limit of the provisional and claimed the provisional as priority. The ...
Paul Paige's user avatar
3 votes
2 answers
67 views

Can there be enforcement action in Europe for patents not yet granted?

I see in that, assuming national law provides for it, there are provisional rights in EPO application from the day of publication. Art. 67(1) EPC: A European patent application shall, from the date ...
George White's user avatar
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3 votes
3 answers
108 views

How are patents to "a second medical use" enforced?

As I understand it, the EPO allows claims to a second medical use of a known substance. These claims are not the same as the formerly used "Swiss-type claims" that were drawn to the use and ...
George White's user avatar
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3 votes
2 answers
188 views

EPO publication date

The EPO has so many publication dates for each patent: A1, A2, A3, A4. . . B1, B2, etc. Which should I use as publication date?
Patent's user avatar
  • 127
2 votes
1 answer
47 views

Is additional device claim allowable for CII type claims?

Let's say we are drafting a claim set comprises computer implemented method claim, device claim (for executing method like processing unit), a program claim and a computer readable medium claim. (The ...
ASA's user avatar
  • 103
2 votes
1 answer
512 views

Can you claim internal priority with the PCT?

My initial reaction to the above question was yes. However, consider the following - if DE, JP and KR have problems with earlier applications, is the second PCT considered to supersede the first? Does ...
Joel David Briscoe's user avatar
2 votes
1 answer
45 views

What is the "procedural step" Art. 24(3) EPC is referring to?

What are the "procedural steps" Art. 24(3) EPC is referring to? Art. 24(3) EPC Members of a Board of Appeal or of the Enlarged Board of Appeal may be objected to by any party for one of ...
picibucor's user avatar
  • 486
2 votes
1 answer
24 views

Drawings and practical implementation

In reference to the patent: WO 2009/018016 A2 In this patent there are no drawings and no any practical implementation is shown. How would I understand the practical concept?
Suman Kumar Jha's user avatar
2 votes
1 answer
75 views

Time Limits on Filing Closed EPO application in United States?

A previous application for an European Patent Grant was "closed" by the European Patent Office. What is the time limit the same application can be filed with US Patent Office?
user7617's user avatar
1 vote
2 answers
344 views

Can I remove some part of the specification and drawings when entering the EPO?

I have an omnibus PCT application. It contains multiple inventions. EPO charges 14 EUR for each page in excess of 30 pages. I have used large font and line height in my PCT application for better ...
PrivateUser's user avatar
1 vote
4 answers
131 views

Equating claim elements in dependent claims?

Assume you have a system or method claim like the following: A system/method comprising A, B and C. Is it valid to equate two or more elements in a dependent claim like so?: The system/method of ...
user132162's user avatar
1 vote
2 answers
149 views

Divisional Application with broader claim in EPO

Let's say we have a claim includes preamble+A, B, C and D. Examiner says that claim is patentable. However, we also realized that preamble+D is also new and inventive. Can we file divisional patent ...
ASA's user avatar
  • 103
1 vote
3 answers
50 views

EPO application-Slight constructal changes on dependent claim

In EPO application, there is one document in search report and publication date of that document is after my priority date. The examiner says my 1st claim is not novel over D1. However, D1 doesn't ...
ASA's user avatar
  • 103
1 vote
1 answer
80 views

Two alternative element in one independent claim

Can I use two alternative element without broder statement without covers both? (In one independent claim) (In EPO application) In example, X comprising (A or B) and C (it is an independent apparatus ...
ASA's user avatar
  • 103
1 vote
1 answer
37 views

Can one file in the EPO without claiming priority to a corresponding U.S. provisional that is not the first filing?

Suppose an inventor-applicant residing in the U.S. wishes to secure a U.S. filing date as early as possible with provisional A. Subsequently the inventor-applicant would refine the content to make it ...
bhuff36's user avatar
  • 645
1 vote
1 answer
45 views

Amend patent claim in opposition due to lack of clarity

I'm doing some exercises from the EPO and struggle at this one: In opposition proceedings a patent proprietor has proposed amendments to claims 1, 3 and 4 of its patent to overcome issues of novelty ...
Ben's user avatar
  • 135
1 vote
1 answer
2k views

What does "Ep: pct application non-entry in european phase" mean?

What does "Ep: pct application non-entry in european phase" on google patents mean? The PCT patent application in question is from 2012 and the last status update is, that it has been ...
Tom W's user avatar
  • 11
1 vote
1 answer
209 views

Search engine to find all prior patents of patent attorney

Do you know a US / EU search engine where you can type in a patent attorney name and then find all patents and customers who he/she released patents with?
pffelix's user avatar
  • 11
1 vote
1 answer
71 views

EPO patent application requirements

A utility patent application was written and filed in April 2019 with the USPTO. The inventor seeks additional patent rights in ES, DE, FR, UK & NL. The EPO website indicates: A European patent ...
gatorback's user avatar
  • 711
1 vote
2 answers
47 views

Securing EU patents from US perspective

I am in the process of working with a team to author a NonProvisional Patent Application with the USPTO. QUESTION If I want to keep my options open for a EU Patent, what must I do / avoid?
gatorback's user avatar
  • 711
1 vote
1 answer
43 views

Claiming priority in EPO from a US Continuation/CIP Patent Applicaiton?

Scenario: My client filed a US Provisional 3 years ago and followed it up with a non-provisional 2 years ago. The patent has not been allowed (pending grant since issue fee hasn't been paid yet). ...
Sagar Alias's user avatar
1 vote
1 answer
16 views

Double Priorty Claim

My question about using priorty of provisional and non-provisional patent application as priorty document for EP application. Let's say provisional application date is 10.10.2020 and non-provisional ...
ASA's user avatar
  • 103
1 vote
2 answers
541 views

Why is Art. 54(3) EPC limited to only European patent applications?

Art. 54(3) EPC is limited to European patent applications and PCT applications in their European phase (R.165 EPC, if fees are paid, translations are provided). Why does he EPO limit the subject of ...
picibucor's user avatar
  • 486
1 vote
1 answer
99 views

Options for EPO post-grant challenges?

In the US, there are at least two USPTO proceedings that can be filed by third parties against invalid or unduly broad patents (e.g., in light of prior art not considered during prosecution): Ex ...
user132162's user avatar
1 vote
2 answers
415 views

can EP application takes priority from provisional patent?

I heard a EP file an application based on US provisional if the US provisional file a US application. so i will explain my doubt based on my example. A provisional patent(PP1) file on 1 jan 2016 and ...
ASHU VERMA's user avatar
1 vote
0 answers
20 views

EPC: Later filed claims with new subject-matter

The following question is EPC-related: I duly filed an application without any claims. Date of filing has been accorded under Art. 80, Rule 40. I will receive an invitation to file claims within 2 ...
picibucor's user avatar
  • 486
1 vote
2 answers
54 views

Is it possible defend unity objection with amendments

Let's say claim 1 is not novel and claim 2 is novel and unity objection is posteriori and next independent claim (claim 3) defines a system comprises a device according to any of preceding claims. If ...
ASA's user avatar
  • 103
1 vote
1 answer
33 views

Is it possible to claim unity of invention in a European patent application, with respect to one or more other previous applications?

If I have two PCT applications that are overlapping, is it possible to merge them into one in the EU? I think in US I can use a continuation patent but what about the EU? I was told according to Rule ...
PCT-user's user avatar
  • 133
1 vote
0 answers
45 views

How can I improve a PCT?

I have applied for a national patent and then I applied for a PCT claiming priority over the national patent and then I applied for a second national patent with improved content over the PCT just few ...
PCT-user's user avatar
  • 133
1 vote
0 answers
278 views

ESPACENET/OPS patent families

In EPO web site there's a definition of patent families page and, relating to this definitions, in other pages of the site it's stated about ESPACENET equivalents that: Definition of the Espacenet ...
user avatar
0 votes
2 answers
68 views

General and specific feature

I'm trying to understand the relationship between a general and a specific feature. I'm specifically relating to an EPO guideline: Generic disclosure and specific examples In considering novelty, it ...
Ben's user avatar
  • 135
0 votes
1 answer
1k views

Unpublished foreign applications considered prior art for EPO inventive step?

Is it true that third-party applications which are filed earlier but unpublished at the time of filing are not considered prior art for inventive step purposes in the EPO? If so, this is a huge ...
user132162's user avatar
0 votes
1 answer
46 views

Period time to pay renewal fees for european patents

I'm participating in some EQE training and there is this question/answer: Most fees for European patent applications cannot be paid before their due date. One exception is renewal fees, which can ...
Ben's user avatar
  • 135
0 votes
1 answer
547 views

What is Notice of Allowance at the European Patent Office (EPO)?

A key questions form a seminar is: What are the necessary steps for obtaining a Notice of Allowance at the European Patent Office (EPO)? What does the notice grant?
gatorback's user avatar
  • 711
0 votes
1 answer
89 views

Patent pending - US and EU procedure and

I am ready to start searching for a grant or investor for developing my technology. It's two days I am looking for information, but really, I understand nothing from the articles online. I was ...
TakeMeToTheMoon's user avatar
0 votes
1 answer
123 views

Limit on number of "Office Actions"/Reasoned Communications at EPO?

There are two scenarios where I am unsure what the practical limit on the number of "Communications"/objections from an EPO examiner would be. However, I do realize that the annuity fee requirement ...
user132162's user avatar
0 votes
1 answer
587 views

How/where to download large amount of patent applications?

I am trying to find out how/where I can download large amount of patent application data. I'm particularly interested in readable data e.g. XML rather than PDF files which can be processed by machines....
Stefan Falk's user avatar
0 votes
0 answers
19 views

Structure of the EPO law

When I have to look at some rules or laws or the like from the EPC, I always struggle to navigate to the correct phrases. When I simply google for what I'm looking for I get there in seconds but I ...
Ben's user avatar
  • 135